MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Labour Law | Claims for Statutory Interest Must Be Timely and Well-Founded: Jharkhand High Court Dismisses Workmen’s Appeals

07 May 2024 8:19 AM

By: Admin


In a landmark judgment on May 14, 2024, the Jharkhand High Court dismissed appeals filed by workmen of UMI Special Steel Ltd., who sought statutory interest on their salary arrears following the company’s liquidation. The court upheld the decision of a Single Judge, emphasizing that the claims for interest lacked a proper legal foundation and were not raised during the initial proceedings. The bench, comprising Justices Sujit Narayan Prasad and Arun Kumar Rai, ruled that the claims did not meet the necessary criteria under Rule 156 of the Companies (Court) Rules, 1959.

The appeals arose from a common order dated November 1, 2018, which rejected the workmen’s application for statutory interest on arrears of salary after UMI Special Steel Ltd. Entered liquidation in 2003. The workmen initially received a settlement for their dues, but later filed for statutory interest accrued on the delayed payments. The Single Judge dismissed their claims, prompting the appeals under Section 483 of the Companies Act, 1956.

Credibility of Initial Proceedings: The court underscored that the workmen’s claims for arrears were settled based on the Official Liquidator’s admissions. However, the demand for statutory interest emerged post-settlement, lacking any initial adjudication or contractual basis. “The claim for interest was never raised during the initial adjudication, and the subsequent application for interest lacks the foundation of a contractual or statutory provision,” the bench observed.

Legal Reasoning on Rule 156: The bench examined Rule 156 of the Companies (Court) Rules, 1959, which allows creditors to claim interest on overdue debts at the time of the winding-up order. The court noted that the rule applies where interest is not reserved or agreed upon, and no demand for interest was made by the workmen initially. “In the present case, the workmen did not make any claim for interest during the original proceedings, and thus, cannot now seek to apply Rule 156 retroactively,” the court stated.

Distinction from Precedent Cases: The court distinguished the present case from the Supreme Court’s decision in Vijay Industries vs. NATL Technologies Ltd., where a specific contract clause provided for interest. “The judgment in Vijay Industries pertained to a specific contract clause providing for interest. In contrast, the workmen here lack such a contractual or statutory basis for claiming interest,” the court clarified.

Justice Sujit Narayan Prasad remarked, “The claim for statutory interest by the workmen, without having raised it in the initial proceedings and in the absence of a contractual or statutory provision, cannot be entertained at this stage.”

The dismissal of the appeals underscores the court’s strict adherence to procedural integrity and statutory interpretation. By rejecting the workmen’s claims for statutory interest, the judgment reinforces the necessity of raising all claims at the appropriate stage in liquidation proceedings. This ruling is expected to have significant implications for future cases involving liquidation and claims for interest, setting a precedent for the treatment of delayed interest claims in the absence of explicit contractual provisions

Date of Decision: May 14, 2024

Gopal Mahto & Nand Keshwar Prasad vs. The Official Liquidator, Jharkhand High Court & Ors.

Latest Legal News