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1966 Supreme(Guj) 112

P.N.BHAGWATI
J. SARABHAI and COMPANY – Appellant
Versus
NEW SWADESHI MILLS OF AHMEDABAD LIMITED – Respondent


Advocates Appeared: I.M.NANAVATI, V.S.PARIKH

P. N. BHAGWATI, J.

( 1 ) THIS Summons has been taken out by the applicants for a direction that the respondent Company should pay to the applicants a sum of Rs. 39 619 ps. under Clause 6 of the Scheme of Arrangement or Compromise sanctioned by this Court by an order dated 6th December 1962. Clause 6 of the Scheme requires the respondent to pay to the employees (including workmen clerks technicians officers watch and ward staff) of the Bharathand Textile Manufacturing Company Limited arrears of wages and the claim of the applicants is that they were employees of the Bharathkand Textile Manufacturing Company Limited for the period 21st January 1961 to 31st March 1962 and they are therefore entitled to recover from the respondent the sum of Rs. 39 619 ps. representing the arrears of wages due to them from the Bharatkhand Textile Manufacturing Company Limited (hereinafter referred to as the Company) for work done during the said period. The applicants are a partnership firm and they were appointed as Dalals by the Company for sale of cloth manufactured by the Company throughout the whole of India on the terms and conditions recorded in an agreement dated 10th April 1961. Pursuant to the





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