(1.) These appeals by the Regional Provident Fund Commissioner, West Bengal (hereinafter referred as to R.P.F.C.) are directed against orders passed by the learned Company Judge of this Court in an application under section 633 (2) of the Companies Act (hereinafter referred to as the said Act) whereby the learned Judge passed an order in favour of the petitioners. FACTS
(2.) We shall set out herein below the operative portion of the certified copy of the order as drawn up and included in the Paper Book (Later on, we shall refer to the signed copy of the Minutes of the order passed, as recorded by the Court Officer, as certain submissions have been made relying on the same) .
(3.) The application was made by four persons. The petitioners Nos. 1, 2 and 3 described themselves as Directors of Eastern Manufacturers Co. Ltd. (hereinafter referred to as the said company) and the petitioner No. 4 who described himself as the Mill Manager of the Jute Mill which is owned by the said company. The said company has been carrying on business, inter alia, of manufacturing different types of jute products and for which the said company has a factory at Titagarh, District 24-Parganas. Certain facts are pleaded in the petition regarding the management and financial position of the said company. The case sought to be made out in the petition is as follows :