- (1.) The applicant herein has taken out these Judges Summons, seeking the permission of the Court to be joined as partyrespondent in Company Petition No.264/2008. The applicant describes itself as "Prakash Mills Kamdar Samiti", through its Convener Shri Shamsuddin Shaikh.
(2.) In order to appreciate the background in which the Judges Summons have been taken out, it would be necessary to briefly delineate the background of the matter, gathered from the material on record.
(3.) The Official Liquidator attached to this Court was appointed as the Liquidator of M/s.Prasad Mills Ltd. (the company in liquidation, hereinafter referred to as "the Company") and the properties and assets of the Company came into his possession. In the year 1988, the movable properties of the Company, namely, the stock of goods, plant and machinery and the superstructure of the building, were put to sale by the Official Liquidator. It is stated that, as per the information available to the applicant, the movable assets were sold and the land admeasuring about 36971.25 sq.mtrs., is still available with the Official Liquidator. Opponents Nos.1 and 2 have come out with a proposed Scheme of Compromise between the secured creditors, statutory creditors, workmen and equity shareholders. It is the case of the applicant that during the proceedings leading up to the proposed Scheme, the said opponents, in collusion with the Textile Labour Association ("TLA", for short), which is the Representative Union under the Gujarat Industrial Relations Act, 1946 ("the GIR Act", for short) got the meeting dispensed with, by filing an affidavit dated 26.07.2008, deposed by one Shri Jagjivan Khimjibhai, giving consent to the Scheme. According to the applicant, the affidavit filed by the TLA was without the consent of the workers and had been filed with the intention of prejudicing their interest. It is alleged that the workers have not been taken into confidence about the Scheme and the authorized person of the TLA had agreed to the Scheme proposed by the said opponents, in order to gain undue advantage from opponents Nos.1 and 2. It is the case of the applicant that the compromise arrived at between the TLA and opponents Nos.1 and 2, is not in the interest of the workers, therefore, the applicant, which is a separate body, had to be formed in order to protect the interest of the workmen. For this reason, the applicant is desirous of being impleaded in the Company Petition.;