((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1116 OF 2007 IN COMPANY PETITION NO.743 OF 1990 Bambai Mazdoor Union Applicant versus The Official Liquidator, High Court, Mumbai of Mafatlal Engineering Ind. Ltd. Respondent N.M.Ganguli for applicant. Mr.Ramakanta, Dy.O.L.present. CORAM : A.M.KHANWILKAR, J. DATE : 05th March 2008 PC : 1. I am in agreement with the stand taken by the Official Liquidator that the application is not supported by authorisation of concerned workers in respect of whom the applicant seeks relief of deduction of 1% amount from the payment to be offered to the concerned workers by way of dividend. The applicant is relying on copy of resolution, however, that has not been supported by signatures of the concerned workers so as to indicate authorisation, as claimed by the applicant. Besides, as of now, the Official ((-2-)) MST Liquidator has declared only 4% dividend to the workers. In the circumstances, as and when the Official Liquidator would declare the final dividend amount to the workers after the sale of the assets of the company in liquidation, the request of the applicant can be considered, provided, the applicant is able to produce authorisation of concerned workers. In the event there is no authorisation in respect of some of the workers, those workers cannot be forced to pay the amount to the applicant by way of donation as is the relief claimed by the applicant. 2. Suffice it to observe that this application is disposed off with liberty to the applicant to revive the prayer at the stage of declaration of final dividend to the workers by the Official Liquidator. The Official Liquidator shall give notice to the workers’ union and applicant herein at the appropriate stage before final dividend is declared payable to the workers. Application disposed off on the above terms. (A.M.KHANWILKAR, J.)