ASHOK KUMAR GANGULY, J. ( 1 ) HEARD the counsel for the parties. ( 2 ) THE facts of this case are a little peculiar. However, the court after hearing the counsel for the petitioning-creditor and also the counsel for the company passes the following order. ( 3 ) THE petitioning-creditor was an employee of Karam Chand Thaper and Bros. Co. Ltd. The service of the petitioning-creditor has been dismissed by the company without any enquiry. This is the case of the petitioning-creditor which is disputed by the company. Over the said dismissal of the service of the petitioning-creditor a reference is pending before the Seventh Industrial Tribunal, West Bengal. In the course of the said reference the Tribunal has passed an order dated 27-3-1996, directing payment of interim relief to the extent of Rs. 87,701. 25 up to June 1996. It is common ground that the said order upon the company directing payment of interim relief was not carried out by the company. In order to enforce the said order the present winding up petition has been filed by the said employee. In the meantime, the company filed an application for review of the said order passed by the Tribunal. Admittedly the said review petition filed by the company was dismissed by the Tribunal. Against the said order of dismissal of the review petition the company filed a writ petition numbered as 6246 (W) of 1999. ( 4 ) A learned Judge of this Court by a reasoned order dated 19-9-2000, dismissed the said writ petition. ( 5 ) THIS Court is given to understand that against the said order passed by the learned writ court an appeal is pending but the appeal court has not granted any stay of the order passed by the learned writ court. Prior to the conclusion of the aforesaid proceedings this company petition being C. P. No. 7 of 1997 came up before the learned company judge. The company informed the company judge of its review application pending before the Tribunal and the company had also given an undertaking before the learned company judge to open a fixed deposit account of Rs. 90,000 in the name of the company and also given an undertaking to renew the said fixed deposit account from time to time until further orders of this Court. 90,000 in the name of the company and also given an undertaking to renew the said fixed deposit account from time to time until further orders of this Court. On such representation being made before the learned company judge, the learned company judge directed the company to deposit the receipt of the said fixed deposit account with the Registrar, Original Side of this Court and on such receipt being deposited with the Registrar, Original Side of this Court, the winding up petition being C. P. No. 7 of 1997 was directed to remain permanently stayed. ( 6 ) TODAY Mr. Ghosh appearing for the petitioning-creditor submits that since the review petition has been dismissed and also the writ petition challenging the said review petition has also been dismissed, the company should be directed to pay the said amount which was directed to be paid by way of interim relief to the petitioning-creditor. The learned counsel Mr. Basak, appearing for the company submits that the instant company petition is wholly misconceived having been initiated for the purpose of enforcing a money claim. In support of the said contention, the learned counsel relied on a decision in the case of Amalgamated Commercial Traders (P.) Ltd. v. A. C. K. Krishnaswami[1965] 35 Comp. Cas. 456 (SC ). The learned counsel has drawn the attention of this Court to a passage at page 463 where the learned judges of the Supreme Court observe that the company petition is not a legitimate means for enforcing the payment of a debt which is bona fide disputed by the company. If a company petition is presented for a winding up order to exercise pressure on the company the same should be dismissed as a scandalous abuse of the process of the court. ( 7 ) THE court has considered the aforesaid submissions of the rival parties. The court feels since, in the instant case, the order of directing interim relief passed by the Seventh Industrial Tribunal stands and has not been set aside even by the Writ court, the said order cannot be ignored by the company. Merely because an appeal is pending against the order of the learned writ court, the same does not operate as a stay of the order. The order was passed by the learned company judge on 23-6-1997, directing the deposit of Rs. Merely because an appeal is pending against the order of the learned writ court, the same does not operate as a stay of the order. The order was passed by the learned company judge on 23-6-1997, directing the deposit of Rs. 90,000 at a point of time when the review petition was pending. Now the position has changed. This Court has to consider that fact as also the provision of the industrial Disputes Act which is a social welfare legislation. ( 8 ) UNDER the said Act, an order has been passed directing interim relief in favour of a workman representing the weaker section of the community. The benefit arising out of that order cannot be lost in the wrangles of legal procedure. Law cannot be so administered by the courts as to make it an engine of oppression. Rather the administration of law should be so sensitised as to reverberate with the aspirations of the common man and it must make a departure from the blue blood jurisprudence of yester years. Here the workman has a genuine grievance and he feels wronged. In such a case, the court should find out a legal peg to hang its order on so that the grievance is redressed to some extent. It is not the case of a trader seeking to enforce its doubtful debts against a rival trader. In this view of the matter, the ratio in the case of Amalgamated Commercial Traders (P.) Ltd. (supra) rendered in a totally different fact situation is not attracted here. So this Court, after balancing the equities between the parties, directs the company to pay 50 per cent of the amount which has been kept in deposit with the bank to the petitioning creditor within a period of 15 days from the date of service of a signed copy of this order upon the said company. So far as the remaining 50 per cent is concerned, the same will abide by the final order in the appeal. So far as the remaining 50 per cent is concerned, the same will abide by the final order in the appeal. For the purpose of making the aforesaid payment, the Registrar, Original Side is directed to encash the said fixed deposit and make the payment of 50 per cent to the petitioning-creditor, upon obtaining a receipt and in respect to the remaining 50 per cent the Registrar, Original Side may keep the same in a short-term fixed deposit in terms of the order of the company judge dated 23-6-1997.