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2010 (4) TMI 900 - HC - Companies LawWhether the applicant falls within the scope of the expression ‘employees’ mentioned in section 445(3) of the Companies Act ? Held that:- A reading of section 445 (3) of the Act makes it clear that the order of winding up also amounts an order of discharge to the applicant in view of the fact that on that date, the business of the company was at an end and was not continued. Sadly, in this case, the applicant himself had brought the petition for winding up of the respondent company on his own behalf and on behalf of unpaid workers of the company and it was on his petition that this order came to be passed. To my mind, the scope of the expression "discharge" used in section 445(3) of the Companies Act, 1956 cannot be taken to mean that all employees, thus, discharged are deemed to have left the insurable employment on attaining the age of superannuation, as required under rule 61 of the ESI (Central) Rules, 1950. Appeal dismissed.
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