Gujarat High Court
Vimlaben Pareshbhai Dholakiya ... vs O L Of Gujarat State Textile ... on 13 January, 2023
Bench: Bhargav D. Karia
C/COMA/75/2018 ORDER DATED: 13/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/COMPANY APPLICATION NO. 75 of 2018
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VIMLABEN PARESHBHAI DHOLAKIYA W/O PARESH PRABHUDAS
DHOLAKIYA & 1 other(s)
Versus
O L OF GUJARAT STATE TEXTILE CORPORATION & 2 other(s)
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Appearance:
MS LAKSHA K BHAVNANI(11339) for the Applicant(s) No. 1
MS E.SHAILAJA(2671) for the Respondent(s) No. 3
MS PJ DAVAWALA(240) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 13/01/2023
ORAL ORDER
1.Heard learned advocate Ms. Jahnavi Panchal
for learned advocate Ms. Laksha K. Bhavnani
for the applicant, learned advocate Ms. E.
Shailaja for respondent no.3 and learned
advocate Ms. P.J. Davawala for respondent
no.1.
2.This Court passed the following order on
2.12.2022 :
"Learned advocate Ms. P. J. Davawala
C/COMA/75/2018 ORDER DATED: 13/01/2023
for the Official Liquidator
submitted that the Official
Liquidator has already invited the
claims from all the workers, secured
creditors and unsecured creditors of
the company in liquidation. It was
further submitted that the claim
raised by the applicant shall also
be considered along with all other
claims.
Therefore this application is not
entertained qua the claim of the
workers from the company in
liquidation. With regard to the
prayer of payment of pension and
retirement benefits, the same shall
be considered separately.
Stand over to 16.12.2022."
3.Today when the matter is taken up for
hearing, learned advocate Ms. Jahnavi Panchal
for learned advocate Mr. Laksha K. Bhavnani
made submissions on behalf of the applicant.
4.The applicant has made the following prayers
in the Company Application:
"(A) Be pleased to direct
respondents No.1 and 2 to pay
difference in wages from 30.9.1994
to 10.1.1995 to the applicant;
C/COMA/75/2018 ORDER DATED: 13/01/2023
(B) Be pleased to direct respondents
No.1 and 2 to pay the entire amount
of provident fund over this amount,
i.e. on full wages from 30.9.1994 to
10.1.1995 to the applicant;
(C) Be pleased to direct respondent
No.3 to include the period of
30.9.1994 to 10.1.1995 for the
purpose of reckoning the above-
mentioned period for the purpose of
pension and to pay the benefits
accordingly;
(D) Be pleased to condone delay if
any in filing present application
for ends of justice;
(E) Any other and further relief/s
as may be deemed fit and proper may
please be granted."
5.So far as prayer (A) is concerned, the same
is required to be considered by the Official
Liquidator on filing of an appropriate claim
by the applicant under the provisions of the
Companies (Court) Rules, 1959.
6.With regard to the prayer (B), it is between
the applicant and the Provident Fund
authority for payment of PF dues of the
C/COMA/75/2018 ORDER DATED: 13/01/2023
applicant and therefore, the same cannot be
entertained under the Companies (Court)
Rules, 1959 as well as the provisions of the
Companies Act, 1956.
7.With regard to the prayers for making payment
of pension and other retiral benefits, the
Provident Fund authority has already filed an
affidavit in this proceeding, wherein it is
stated as under :
"5. With reference to Para 2 it is to
state and submit that as per various oral
judgments by the Hon'ble High Court in the
matter of Company petition No. 205 of
1996, the official liquidator was directed
to make the following payments as as
possible. The OL deposited the following
amount:
1) Rs.421,946/-
(CA No. 116 of 2014 in CP No. 205 of
1996)- Annexure 'Z1' with list of
employees.
2) Rs.205,410/-
(OL Report No. 2 of 2016 in CP No. 205 of
1996) Annexure 'Z2' with list of
employees.
3) Rs.1,946,236/-
(CA No. 290 of 2015 in CP No. 205 of 1996)
Annexure 'Z3' with list of employees
C/COMA/75/2018 ORDER DATED: 13/01/2023
4) Rs.55,778/-
(OL report no. 77 of 2016 in CA 216 of
2015 & Others) Annexure' Z4'
5) Rs.200,898/- (CA no. 415 of 2016)
Annexure 'Z5'
Further, the deceased member's details i.e
Date of Joining, Date of Leaving, Wages
etc are given in pension calculation sheet
in Annexure "Z6"
Pension Calculation Clarification
Smt. Vimlaben Pareshbhai Dholakiya
PPO: GJAHD00001802
EPS A/c: GJ/AHD/366/1157
Details of the pensioner as per available
PPO file are as under:
Contents As per IDS and As per Received
System Application (Form-
PPO No.GJAHD00001802 10/D)
Name Pareshbhai Prabhudas Pareshbhai Prabhudas
Thakarshi T
EPS A/c GJ/366/1157 GJ/366/1157
Date of Birth 05/01/1994 05/01/1994
Father's/Husband Prabhudas Thakarshi Prabhudas Thakarshi
Name
Date of Joining 01-11-1982 -
under EFPS-1971
Details of break 1 year -
under EFPS-1971
Date of Joining 16/11/1995 -
under EFPS-1995
Details of break - -
under EFPS-1995
Date of Exit 10-01-1995(Death) 10-01-1995(Death)
Date of - -
Superannuation
C/COMA/75/2018 ORDER DATED: 13/01/2023
Form Inward on - 21-08-1998( As per
Inward Stamp Date)
Age as on 16/11/1995 - -
PPO Prepared on 08-12-1998 (As per -
System)
Date of commencement 11-01-1995 11-01-1995
of Pension
Past Service 13 Years -
Pensionable Service 0 Years -
Wages on 16/11/1995 Rs.1952/- -
Pensionable Wages Rs.1716/- -
Wages as on Exit - -
The member had submitted pension claim on
21/08/1998 and claimed for WIDOW/PENSION
(a)Pension for service rendered before
15/11/1995:
As per EPS Scheme 1995 widow pension
amount has been fixed as per table - C.
= Member Last Wages on date of exit Rs.
1716/-
= Widow Pension Amount Consider as per
last wages Rs. 808/-
Also relief paid to widow as per EPS
Scheme 1995. Rs. 140/-
Hence, Total Widow Pension became Rs.
948/- (Rs. 808/- + Rs. 140/-)
6. With respect to Para 3 it is to state
and submit that PF claim (F-20) in respect
of deceased member and husband of the
applicant was settled in 02/1998 and Widow
Pension case was settled in 09/1998 (As
per Form-9).
7. With reference to Para 4 of the
application, the same is denied and it is
to state and submit that as per IDS, the
deceased member's date of joining is
C/COMA/75/2018 ORDER DATED: 13/01/2023
01/11/1982 and date of exit is 10/01/1995
(date of death). Copy of pension
calculation sheet and IDS is attached as
Annexure "Z7" collectively.
8. With respect to Para 5, I have no
comments to offer AND with respect to Para
6, it is to state and submit that "As per
of 2016 in CP No. 205 of 1996, it is
stated that OL is having balance of
Rs.37,68,74,964/= as on 13.06.2016""
8.In view of above, the grievances of the
applicant would not survive.
9.The Company Application is disposed of with
a liberty to the applicant to apply before
the Official Liquidator for outstanding
payment of wages, if any, of the deceased
worker.
(BHARGAV D. KARIA, J)
RAGHUNATH R NAIR
