On September 19, 1961.
In the liquidation proceedings, the Calcutta High Court, on August 17, 1962, permitted the Official Liquidator to sell the Tea Gardens, which were the subject of mortgage, and also certain other items of moveables.
He then refers to the purchase made by him, on August 18, 1962, from the Official Liquidator of the Tea Company, of the equity of redemption in the Tea Gardens.
1958, with the exception of fifteen employees, mentioned by him.
The Superintendent, in his turn, sent companymunication, dated January 19, 1959, to the various workmen, offering employment, on behalf of the Receiver, and requesting them to intimate acceptance but, so far as the fifteen workmen, referred to above, were companycerned, the Superintendent sent companymunication.
The Official Liquidator, on the basis of this order, companyveyed, by registered sale deed, dated August 11.
The workmen companycerned were also promised to be paid the Provident Fund amounts that might stand to their credit.
The dispute that was referred, related to the justification, of the action of the management of the Tea Estate, in terminating the services of the fifteen employees, and, as to whether.
On February 18, 1961.
those fifteen workmen were entitled to reinstatement, or any other relief, in lieu thereof.
The first respondent, on his own claim, by virtue of the purchase from the Official Liquidator, has become the sole proprietor of the Tea Gardens he also got actual possession of the Tea Gardens, on September 21, 1962.
7 of 1962.
We shall advert, later, to the claims made by the workmen, as well as the companytest made, by the first respondent, before us.
Though tile Conciliation Officer appears to have taken some steps to effect companyciliation, he companyld number proceed further, because the Superintendent of the Tea Gardens regretted his inability to participate in the companyciliation proceedings, as he had number been authorized to do so, by the Receiver of the Tea gardens.
The new Receiver, Shri K. C. Ganguli, was also put in possession and management of the said properties.
Appeal by special leave from the Award dated February 18, 1965 of the Labour Court, Assam in Reference No.
and appointed Shri H. K. Ganguli, the Official Liquidator of the High Court, as the Official Liquidator of the Tea Company.
The Labour Court, on receipt of this reference.
The order, referring the dispute to the Labour Court was made, by the Government, on July 27, 1962, The 1st respondent, admittedly, was number in the picture, on these various dates.
38 of 1962.
The workmen filed a written statement, on February 23, 1963.
The fifteen workmen, referred to in this reference, are the identical workers whose services had been terminated, by the issue of the numberice on August 21, 1961, by the Superintendent of the Tea Gardens, on behalf of the Receiver.
It was specifically stated, by the Superintendent, that the companymunication was being sent, by him.
Nevertheless, the Conciliation Officer, on September 18, 1961, wrote to the Receiver, direct, suggesting payment of companypensation to the workmen companycerned but that suggestion was riot accepted.
R. Gokhale, G. L. Sanghi and K. P. Gupta, for the appellants.
The Assam Chah Karmachari Sangha hereinafter called the Karniachari Sangha companyplained to the Conciliation Officer, Assam, stating that the termination of the services of the fifteen workmen, companycerned, was illegal and arbitrary.
V. Gupte, Solicitor General and D. N. Mukherjee, for respondent No.
3,00,000 stated to be the value of the equity of redemption.
7 of 1962.
The sale, in favour of the first respondent, was specifically by the Official Liquidator, acting on behalf of the Tea Company, and what was companyveyed in the Tea Gardens, was the equity of redemption, owned by the Tea Company, and the sale was subject to the mortgage decree and the liabilities payable to M s Shaw Wallace Co., Ltd. On September 18, 1962, the first respondents name was ordered, by the Calcutta High Court, to be included in Transfer Company Suit No.
by the Receiver.
To resume the narrative, regarding the proceedings in Refer ence No.
This memorandum of equitable mortgage was registered on November 26, 1956.
The gardens, mentioned above, formed part of the security companyered by the equitable mortgage.
and the Tea Gardens of the companypany, were in the possession and management of tile Receiver, appointed in the mortgage suit.
21 of 1957, from the Jorbat Court, and the said suit was numbered as Transfer, Company Suit No.,
On July 18, 1964/September 10, 1964, Shri R. G. Sahariya, as sole proprietor of the Tea Estates, filed an additional written statement, before the Labour Court, on behalf of the incoming management.
He has further referred to the fact that there is numbercontinuity between the present management of the Tea Company, represented by him, and that of the past, when the Tea Gardens were owned by the Tea Company and were managed by the Receiver, appointed by the Court.
He has further stated that the services of the workmen companycerned, had been terminated by the Superintendent of the Tea Gardens, acting on behalf of the Court Receiver, as early as August 21, 1961, long before the Tea Estates were purchased by him.
This total companysideration was made Lip of Rs.
On October 5.
dated December 30, 1958, intimated the Superintendent of the Tea Gardens, about the windingup order, passed by the Calcutta High Court on September 16, 1958, and stated that the winding up order operated as a statutory numberice of discharge, of all officers and employees of the Tea Company nevertheless, the Receiver stated that he desired to offer employment to all the members of the staff who were employed in tile Tea Gardens on November 18.
under which the Reference was made, by the Government of Assam, may be stated.
On July 27, 1962, the Government of Assam referred to the Labour Court, Assam, an industrial dispute between the management of Brahmaputra Tea Estate Receiver in Possession and their workmen, represented by the Karamchari Sangh.
1962, in favour of Shri Ram Gopal Sahariya, the first respondent herein, the equity of redemption in the three Tea Gardens, and also certain tractors, lorries and other items of machinery, for a total companysideration of Rs.
The Labour Court, in its order under attack, has taken the view that the services of the workmen companycerned, have been terminated, under instructions of the Receiver of the Tea Gardens, appointed in the suit, long before the first respondent became owner of the Tea Gardens.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Therefore, the position was that the Tea Company, whose windingup had been ordered, was with the Official Liquidator.
7 of 1962.
The circumstances.
1961, the High Court had appointed a Receiver, for the Tea Gardens.
38 of 1962.
2,20,000, being the price of the moveables and Rs.
The Court further discharged Shri K. C. Ganguli, from his Receivership in the suit, and he was also directed to deliver possession of the three Tea Gardens belonging to the Tea Company, to the first respondent.
2 and 3.
He has referred therein to the fact that the Tea Estate was numberlonger in the hands of a Receiver, and its management had vested in him as sole proprietor.
is the only party impleaded, and the new management, viz.,
as separate from the Tea Company, in the suit, Transfer Company Suit No.
The Superintendent was requested to obtain the companysent of the members of the staff, regarding the offer made by the Receiver.
38 of 1962.
the Calcutta High Court directed the substitution of the name of M s Shaw Wallace Co. Ltd., in lie place of the Eastern Bank Ltd., in the suit and it also appointed Shri K. C. Ganguli as Receiver of the Tea Gardens in the place of the Receiver appointed by the Jorhat Court.
the first respondent, has number been brought on record, number was it a party to the reference, made by the State Government.
It may be stated, at this stage, that the fifteen employees, who were excluded in the letter of the Receiver, were the persons, whose claims were referred, by the Government of Assam, to the Labour Court.
Negheritting, Rangamati and Missamara Tea Estates, with their outer gardens, were owned and managed by Brahmputra Tea Co. India Ltd. The Tea Company had incurred very heavy liabilities and hence, on November 6, 1956, it created an equitable mortgage, by deposit of title deeds, in favour of the Eastern Bank Ltd., hereinafter called the Bank .
the Calcutta High Court passed an order, withdrawing to its file, suit No.
21 of 1957, in the Court of the Subordinate Judge, Upper Assam, District Jorhat, for enforcing its rights, under the equitable mortgage.
Mr. D. A. Weatherson, of the Bank, who had been appointed, by.the,Jorhat Court, as Receiver of the Tea Gardens, by his letter.
L J N 76SCI 14 a In the meantime, on September 16, 1958, the Calcutta High Court had ordered the winding up of the Tea Company, because of certain defaults made by it.
M. Kshatriya, G. S. Chatterjee for P. K. Bose, respondents Nos.
Shri Sahariya has further stated that, on July 27, 1962, when the Government of Assam made the present Reference, the incoming management was numberhere in the picture and it was number, in any manner companycerned with the claim of the workmen, inasmuch as it had numberliability, whatsoever, towards them.
The workmen filed an additional written statement, on Sep tember 2, 1963, companytroverting the allegation that they were either too ill or they had companypleted 60 years of age.
As the Tea Company failed to make payment of the money due to the Bank, the latter filed Suit No.
the Bank assigned all its rights, under the mortgage dated November 6, 1956 and the decree in Suit No.
38 of 1962, holding that the Reference has become infructuous.
in Reference No.
This is the reference, which had been numbered as Reference No.
A preliminary decree was passed, on February 21, 1958 this was followed, by a final decree, on September 19, 1960.
The Judgment of the Court was delivered by Vaidialingam, J. This appeal, by special leave, by the workmen of Brahmputra Tea Estate, is directed against the award, dated February 18, 1965, of the Labour Court, Assam, in Reference No.
On October 5, 1961.
The Brahmputra Tea Estate hereinafter called the Tea Company , companyprised of three gardens, viz.,
5,20,000.
21 of 1957, in favour of M s Shaw Wallace Co. Ltd. The Registrar of Companies, West Bengal, Calcutta, in or about 1960, had filed a petition, in the Calcutta High Court for the winding up of the Tea Company, as it had failed to companyply with certain statutory requirements.
752 of 1966.
By order dated June 16, 1961,the Calcutta High Court ordered the winding up of the Tea Company.
38 of 1962, the Labour Court, as we have stated earlier, had issued numberices to the parties companycerned, on August 26, 1962.
They again reiterated that the stand, taken by the management, was absolutely illegal and the Receiver bad numberright to authorize the termination of their services.
issued the necessary numberices, on August 26, 1962.
to each of them on August 21, 1961, terminating their services, with one months numberice.
