L R CASTELINO Vs. OFFICIAL LIQUIDATOR, HIGH COURT, BOMBAY
LAWS(BOM)-1994-4-80
HIGH COURT OF BOMBAY
Decided on April 26,1994

L R Castelino Appellant
VERSUS
OFFICIAL LIQUIDATOR, HIGH COURT, BOMBAY Respondents

JUDGEMENT

- (1.) On a representation made by the applicant seeking promotion from the post of company-paid peon to the post of company-paid clerk, B. N. Srikrishna J. passed the following order on June 9, 1992 : "In view of the repeated complaints made by the company-paid staff with regard to their recruitment and promotion, it is necessary to frame rules governing these issues. The official liquidator is directed to frame draft rules with regard to recruitment and promotion and get them approved by the company judge. Pending such approval, there shall be no further recruitment or promotion of the company-paid staff unless specific approval is obtained from the company judge."
(2.) The official liquidator failed to comply with the aforesaid directions in spite of several reminders and therefore the petitioner filed the present application for taking action against the official liquidator under the Contempt of Courts Act. The official liquidator has filed an affidavit offering his explanation for not framing the rules and on a perusal of the affidavit, I am satisfied that no action need be taken against the official liquidator. The official liquidator has also filed the draft rules but in my opinion the said draft is totally unsatisfactory and does not deal with the grievance of the employees.
(3.) Mr. Grover, for the applicant, states that without prejudice to Writ Petition No. 2049 of 1988 filed by and on behalf of the company-paid staff, a scheme be framed to fix the scales of pay of the company-paid staff on the principle of equal wages and other benefits as of the Government staff and for providing them promotional opportunities. Mr. Grover brings to my notice schemes framed by the Calcutta and Delhi High Courts for the company-paid staff working in those courts. The official liquidator has no objection against framing a scheme for the company-paid staff but according to him the present company-paid staff is in excess. The official liquidator complains that the members of the company-paid staff are not maintaining discipline in the office. They are not maintaining assistants' diary as required and they are not punctual and do not pay enough attention to work.;


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