Supreme Court of India

Textile Labour Association and Anr. v. The Official Liquidator and Anr.

Neutral citation
Bench S. Rajendra Babu, Dr. Ar. Lakshmanan and G.P. Mathur JJ.
Decided 12 April 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, we make it clear that order made by this Court on G 17.10.1997 in I.A.No. 168-178/1997 in Civil Appeal No. 8530-40/1983 will have to be read subject to provisions of Sections 529 and 529A of the Companies Act.

Judgment, page 6

From the headnote

Companies Act, 1956: Ss. 529, 529- and 530-Company under liquidation-Priority of claims-Held, s.529- will override all claims of other creditors even where a decree has been passed by a court-Purpose of s.529- is to ensure that workers should not be deprived of their legitimate claims and assets of the Company would remain charged for payment for workers' dues- Such charge will be pari passu with the charge of secured creditors and have to be treated accordingly-Constitution of India, 1950-Article 142.

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