A.N.SEN, BAHARUL ISLAM, E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY, P.N.BHAGWATI
National Textile Workers Union – Appellant
Versus
P. R. Ramakrishnan – Respondent
Judgment
BHAGWATI, J. (Majority view) :- These three appeals by special leave raise a short but interesting question of law relating to the right of workmen employed in a company to appear and oppose a petition for winding up of the company. The controversy between the parties arises out of a petition for winding up a private limited company called Ramakrishna Industries (P.) Limited (herein- after referred to as a company). The Company has three units, one a textile mill in the name of Jotie Mills which employs about 500 workmen, another, a workshop for manufacture of textile and other machinery which employs about 400 workmen and the third a printing press which brings out a Tamil daily, called "Nav India and employs about 100 workmen. It is a closed company in which there are two groups of shareholders, one group consisting of respondents Nos. 1 to 5. and the other consisting of respondents Nos. 7 to 14. Respondents Nos. 1 to 5 hold 608 shares and respondents Nos. 7 to 14, 687 shares while the remaining 300 shares belong to a Trust in which both the groups are equally represented on the Board of Trustees. It appears that a serious dispute arose between respondents Nos. 1 to 5 on
distinguished : Fertilizer Corporation Kamgar Union v. Union of India
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distinguished : Hind Overseas Private Limited v. Raghunath Prasad Jhunjhunwala
relied on : Smt. Indira Nehru Gandhi v. Raj Narain
relied on : Peoples Union for Democratic Rights v. Union of India
Chiranjit Lal v. Union of India
relied on : State of orissa v. Dr. (Miss) Binapani Dei
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