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1959 Supreme(Ker) 310

RAMAN NAYAR
B. – Appellant
Versus
John – Respondent


Judgment :-

1. Two common questions arise in these applications brought by 49 "workmen" and the legal representative of a deceased workman of the company in liquidation under S.460 (6) of the Companies Act, 1956 read with R.155 of the Travancore-Cochin Company Rules against the partial rejection of their proofs by the Official Liquidator. The first is, whether the compensation payable to these workmen on the termination of their services is to be determined under S.25F (b) of the Industrial Disputes Act, 1947, free of the limitation imposed by the proviso to S.25FFF(1) as claimed by them, or whether it is subject to that limitation as held by the liquidator. The second is, whether the award made by the Industrial Tribunal, Alleppey on 5-8-1957 on a reference under S.10 of the Industrial Disputes Act (and published under S.17 in the Gazette dated 27-8-1957) of a dispute between the company and those of its workmen as come under the category, "staff members", is void for the reason that no leave of this court was taken under S.446 of the Companies Act for the continuance of the proceedings after the winding up order and the liquidator is therefore entitled to ignore that award.

2. The


















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