2001 (8) TMI 1286

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....titioning-creditor has been dismissed by the company without any enquiry. This is the case of the petitioning-creditor which is disputed by the company. Over the said dismissal of the service of the petitioning-creditor a reference is pending before the Seventh Industrial Tribunal, West Bengal. In the course of the said reference the Tribunal has passed an order dated 27-3-1996, directing payment of interim relief to the extent of Rs. 87,701.25 up to June 1996. It is common ground that the said order upon the company directing payment of interim relief was not carried out by the company. In order to enforce the said order the present winding up petition has been filed by the said employee. In the meantime, the company filed an application f....

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....day Mr. Ghosh appearing for the petitioning-creditor submits that since the review petition has been dismissed and also the writ petition challenging the said review petition has also been dismissed, the company should be directed to pay the said amount which was directed to be paid by way of interim relief to the petitioning-creditor. The learned counsel Mr. Basak, appearing for the company submits that the instant company petition is wholly misconceived having been initiated for the purpose of enforcing a money claim. In support of the said contention, the learned counsel relied on a decision in the case of Amalgamated Commercial Traders (P.) Ltd. v. A.C.K. Krishnaswami [1965] 35 Comp. Cas. 456 (SC). The learned counsel has drawn the atte....

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....stration of law should be so sensitised as to reverberate with the aspirations of the common man and it must make a departure from the blue blood jurisprudence of yester years. Here the workman has a genuine grievance and he feels wronged. In such a case, the court should find out a legal peg to hang its order on so that the grievance is redressed to some extent. It is not the case of a trader seeking to enforce its doubtful debts against a rival trader. In this view of the matter, the ratio in the case of Amalgamated Commercial Traders (P.) Ltd. (supra) rendered in a totally different fact situation is not attracted here. So this Court, after balancing the equities between the parties, directs the company to pay 50 per cent of the amoun....