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Issues: Whether the appeal against the industrial award was maintainable in the absence of sanction of the Company Court for the liquidators, and whether the auction-purchaser could appeal as an aggrieved party.
Analysis: The appellate provision in the Industrial Disputes (Appellate Tribunal) Act, 1950 conferred a general right of appeal on an aggrieved party, but it did not abrogate the special requirement under the company law that a liquidator could institute legal proceedings only with the sanction of the Court. There was no inconsistency between the two enactments, because the company law imposed a condition precedent in the special case of a company in liquidation. Since sanction had been refused, no appeal could be maintained on behalf of the company. As to the auction-purchaser, the Tribunal had exonerated him and held the reference incompetent so far as he was concerned; therefore, he was not a party aggrieved by the award.
Conclusion: The appeal on behalf of the company was incompetent for want of sanction, and the auction-purchaser had no locus standi to appeal as an aggrieved party.
Ratio Decidendi: A liquidator of a company in liquidation cannot maintain an appeal or other legal proceeding without the Court's sanction, and a person cannot appeal under the Industrial Disputes (Appellate Tribunal) Act, 1950 unless he is truly aggrieved by the award.
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