Judgement

BHAGWATI J. This appeal with a certificate under Art.133 (1)(c) of the Constitution is directed against the judgment of the High Court of Judicature at Madras dismissing the appeal of the appellants and refusing to set aside a sale effected by respondent 2 of certain properties belonging to the Madras Electric Tramways (1904) Ltd. hereinafter called the Company, above the around at Vepery, Madras and Mylapore, including the machinery cars, etc., and buildings as scrap to respondent 3 in his capacity as the Receiver of the trustees of the debenture holders of the Company.

2. The appellants are the Secretary and President respectively of the Madras Tramways Workers Association (Regd. No. 1253) a Trade Union registered under the Trade Unions Act. The workmen employed by the Company are entitled under the award of the Special Industrial Tribunal, Madras in I. D. No. 9 of 1953 published in the Fort St. George Gazette, dated 8-7-1953 being G. O. Ms. No. 3024/53 to a payment of nearly Rs. 7,00,000/-out of which the workers belonging to the Madras Tramways Workers Association alone would be entitled nearly to a sum of Rs. 4,35,000/. and be thus the major creditors of the Company.

Th