Modi Carpet'S Ltd. vs The Official Liquidator And 5 Ors.
2014 Latest Caselaw 1181 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 
Case :- WRIT - C No. - 22848 of 2014
 
Petitioner :- Modi Carpet'S Ltd.
 
Respondent :- The Official Liquidator And 5 Ors.
 
Counsel for Petitioner :- Shailendra Prakash Pandey
 

 
Hon'ble Abhinava Upadhya,J.

Heard learned counsel for the petitioner and Shri Sachindra Upadhyay, learned counsel appearing for the respondent no. 2.

By means of this writ petition the petitioner, which claims itself to be Modi Carpet's Ltd. Swatantra Union, Raebarely through its President Jai Pal Singh, have come to this Court with regard to grievance of non-payment of provident fund to the employees of the erstwhile Modi Carpet's Ltd.

It is not disputed that the said establishment was declared sick and is under liquidation and is not functioning since 1993. If the petitioner had any cause of action, that cause of action arose in 1993 or 1994, but after 20 years they cannot raise this dispute without assigning any reason as to what prevented them to approach the Court. That apart the status of the petitioner is also not clear as it claims itself to be workers' Union of an establishment, which closed down in the year 1993. It is not shown whether the said Union is a registered Union and by which resolution of the office bearers of the Union it has been decided to spouse the cause of other employees of erstwhile company. 

In absence of any such material the petitioner appears to be only a busy body suddenly waking up after 20 years with doubtful motives.

The writ petition has no merit and it is, accordingly, dismissed.

Order Date :- 24.4.2014

Sunil Kr. Gupta