Filing winding up petition?
anirban
(Querist) 29 September 2015
This query is : Resolved
Dear Sirs,
Can you plz let me know if an employer delays the full & final settlement of its employee,then
i) can the employee file a winding up petition in high court?
ii) Is Winding Up Petition a recover suit or employee has to file a separate money suit?
iii) If employer partly disputes the claim,then can this petition fetch the undisputed claim amount?
iv) Is the winding up petition to be filed only in the high court where the registered office of the company is situated?
v)Lastly I would request you to give an cost estimation of sending winding up notice and filing winding up petition.
Regards,
Anirban.
SAINATH DEVALLA
(Expert) 29 September 2015
What do U mean by winding up petition? As an employee of the company how can U file for winding up? Only the creditors have a right to do so in HC,if its a registered company under companies act 1956.
anirban
(Querist) 29 September 2015
Sir,
If an employee owe his dues from his employer who has neglected to pay him,then can file finding up petition to recover his dues through high court instead of money suit?
Regards,Anirban..
SAINATH DEVALLA
(Expert) 29 September 2015
If its a registered company U cannot.Have they not paid U as an individual or to all the employees as a whole?
Kumar Doab
(Expert) 29 September 2015
The author has posted another query at:
http://www.lawyersclubindia.com/experts/Difference-between-manager-and-workman--562731.asp
and as per the above mentioned query he is not in employment and has separated.
Unpaid wages/payout/promised amounts are debt on employer and even a Asst Vice President has succeeded with Winding Up petition.
anirban
(Querist) 29 September 2015
Dear Kumar Sir,
Since the company is registered in Haryana,shall I need to file the winding up petition in Punjab & Haryana High Court only?
Rgds,
Anirban.
Kumar Doab
(Expert) 30 September 2015
You may.
You should compile all the information you have gathered from all of the threads,PM's etc and preferably discuss with an able Labor Law Consultant/Service Matters lawyer/Law firm, understand the options,merits before you proceed further.
SAINATH DEVALLA
(Expert) 30 September 2015
Rightly concluded by Kumar Doabji
Kumar Doab
(Expert) 30 September 2015
You may find the following thread and information/decision relevant and useful.
http://www.lawyersclubindia.com/forum/Winding-up-petition-by-ex-employees-99326.asp#.VgvJaH1-jMo
However it is reiterated that you may compile all the information you have gathered from all of the threads,PM's etc and preferably discuss with an able Labor Law Consultant/Service Matters lawyer/Law firm, understand the options,merits before you proceed further.
Kumar Doab
(Expert) 30 September 2015
You may also go thru:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.VgvKen1-jMq
anirban
(Querist) 01 October 2015
Thanks to all the learned lawyers (specially Kumar Sir) for their valuable suggestions.
Kumar Doab
(Expert) 01 October 2015
You are welcome.
Kumar Doab
(Expert) 05 October 2015
The are judgments by larger benches of courts of law and it is decided that not only wages but emoluments are also debt on employer.......................The Trade Unions can represent former and existing employees to file petitions.
Even a CEO appointed by Indian Company in another country filed winding Up petition and has succeeded...................to recover the dues/bonus etc................
