Balaram Banerjeee vs M/S. Gladestone Lyall Co. Ltd. & ...
2021 Latest Caselaw 58 Cal

     2
06.01.2021
Court. No.22
    b.das



                               WPA 20315 of 2014


                                  Balaram Banerjeee
                                       Vs.
                       M/s. Gladestone Lyall Co. Ltd. & Ors.



                   Mr. Victor Chatterjee           ...for the petitioner.

                   Mr. M.C. Ghosh            ...for the Official Liquidator.

                   Mr. K. J. Tiwari          ...for the Respondent No.2.

The matter relates to quantification of a claim under

Section 33C (2) of the Industrial Disputes Act, 1947 in

respect of a company which has gone into liquidation in

1991.

The petitioner herein presently a person of 87 years

old and running from pillar to post for quantification of

his claim under the abovementioned Section which has

not been done till date though a leave was granted to the

petitioner by this court on 17 th September, 2009 which is

at page 85 of the writ petition. This order dated 17 th

September, 2009 has not been challenged and no

endeavour has been made to challenge the said order by

any of the respondents.

Learned advocate for the respondent No.2, relying on

a judgment reported in 2013(7) SCC 754 and specially

paragraph 60.2, 67.3 and also paragraph 68 submits that

such quantification is to be made by the Official

Liquidator and not by the Tribunal.

Learned advocate for the Official Liquidator submits

that liquidator cannot enter into in such nitty-gritty's as

are involved in the matter of the petitioner and it is for

the Tribunal to decide.

Learned advocate for the Official Liquidator has

handed over an order dated 29 th June, 2012 passed by

this court in the liquidation proceeding being CA No.414

of 2012 in connection with CP No.39 of 1991. The copy of

the said order be kept on the record.

The matter is heard. Judgment is reserved.

(Abhijit Gangopadhyay, J.)