Vasantlal Kachardas Bhandari v. Modern Foundry And Machine Works Ltd Thro Its Chief Executive Director And Others

2025:BHC-AUG:11909

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

938 WRIT PETITION NO. 6350 OF 2020 VASANTLAL KACHARDAS BHANDARI

VERSUS

MODERN FOUNDRY AND MACHINE WORKS LTD THROUGH ITS CHIEF EXECUTIVE DIRECTOR AND OTHERS Mr.P.V.Barde, Advocate for the petitioner.

CORAM : PRAFULLA S.KHUBALKAR,J.

DATE : 23.04.2025 PER COURT :- 1.

Heard the learned Advocate for the petitioner. 2.

By way of instant petition, challenge is raised to an order dated 06.03.2019 passed by the 1st Labour Court, Ahmednagar, on Application (IDA) No.01/2014, which was an application u/s 33(C)(2) of the Industrial Disputes Act. By way of petitioner's application u/s 33(C)(2), amount of Rs.2,87,942/- alongwith interest was claimed against the opponents on account of arrears of wages, bonus and leave encashment of leave salary. The learned Labour Court has rejected the application primarily considering the provisions of bar u/s 446(1) of the khs/April 20025/6350

Companies Act. The provisions of Section 446(1) of the Companies Act, provides that when a winding up order has been made, no suit or legal proceedings shall be commenced against the company except by the leave of the Company. The Judge, Labour Court has considered this provision and has refused to entertain the application u/s 33(C)(2). The learned Labour Court has also observed that the petitioner has failed to demonstrate any pre-existing right to receive the amount claimed.

3.

Perusal of impugned order shows that the Labour Court has taken into consideration relevant provisions of Law. The impugned order is well reasoned and needs no interference. 4.

Writ petition is, therefore, dismissed.

( PRAFULLA S. KHUBALKAR, J.) khs/April 20025/6350