1. These applications are filed by the Workers' Union of the company-in-liquidation, seeking leave under Section 446 of the Companies Act, 1956 (i) to proceed with the claim petition filed on the file of the Labour Court in Kozhikode; and (ii) to proceed with the claim petition before the Controlling Authority under the Payment of Gratuity Act, 1972.

2. I have heard Mr.Vineet Subramani, learned counsel for the applicant and Mr.Arvind Shukla, learned Official Liquidator.

3. The company M/s.SILCAL METTALURGIC LIMITED, was ordered to be wound up by this Court, by an order dated 24.11.2006, in a company petition C.P.No.141 of 1999. In other words, the main company petition was filed 14 years ago and the order of winding up was passed on 24.11.2006.

4. It appears that the Workers' Union raised an Industrial Dispute regarding their nonemployment, contending that the industry had more than 100 workmen on the relevant date and that without following the mandatory requirements under Section 25-O of the Industrial Disputes Act, 1947, it was closed down. It was their further contention that from 18.10.2001, the workers were denied employment and that in a claim petition filed bef