1972 (9) TMI 77

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....or the purpose of getting permission to implead the official liquidator, High Court, Madras, as party-respondent in Claim Petition No. 229 of 1969, which is now pending before the Additional Labour Court, Madras. The application is by one of the labourers of the liquidated company called Gannon Dunkerly & Co. It is under the administration of the official liquidator, High Court, Madras. The petiti....

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....ding to the applicant, getting sanction from this court is not a condition precedent and he can get the sanction from this court in order to ratify the action. In the decision given by Palani-swamy J. in Company Application No. 328 of 1970 in C.P. No. 2 of 1970 and Company Application No. 404 of 1970 in C.P. No. 83 of 1968, dated February 23, 1971, the learned judge after adverting to the decision....

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....tive until leave was obtained, but once leave was obtained the proceeding would be deemed instituted on the date of granting leave". If the Supreme Court decision has to be applied, according to the learned counsel for the applicant herein, the leave has to be granted. According to the official liquidator the decision rendered by Palaniswamy J. is not contrary to the Supreme Court decision, sin....

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....the floodgate of litigation before the labour court and every one of the labourers will be filing petitions before the labour court and draw the official liquidator to each of these labour courts for the purpose of defending the case of the company. The purport and intention of the legislation seems to be that all these types of claims have to be decided by the official liquidator who is the respo....