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2009 (3) TMI 567 - HIGH COURT OF GUJARATWinding up - grievance of the appellant is that though other similarly situated workers of the company-in-liquidation have been paid their salaries, the appellant has not been paid his salary for the very same period and has only received a sum of ₹ 50,000 - Held that:- The case of the appellant cannot, therefore be equated with a debtor after winding up. His claim for salary is based on the illegal termination of his services, which order was set aside, meaning thereby, that status quo ante, qua the services of the appellant was restored regarding the service conditions of the appellant. As such, the appellant is entitled to his salary up to 31-10-1994, at par with other similarly situated workers, at the relevant point of time. For the aforesaid reasons, the appeal is partly allowed. The Official Liquidator is directed to pay a sum of ₹ 2,24,092 as full and final payment of arrears of salary up to 31-10-1994, as given to other similarly situated workmen, within a period of four (4) weeks from today. The appeal is accordingly disposed of. The appellant is entitled to costs quantified at ₹ 500 (rupees five hundred only) which shall be paid by the Official Liquidator.
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