Jayaprakash (Vice President) 14 May 2015

Non settlement of f&f by company

On my first complaint to Central labour Commissioner against the ex employer for not releasing the salary and final settlement, the Labour Commissioner directed the RLC to recover under ID Act 1947 and asked me to file the case at RLC. On my second complaint to same CLC, I was asked to file ALC delhi only. On my subsequent complaint to ALC Delhi , they in turn sent notice to the management of the Company. The management has filed its reply stating that a petition for winding up the company is pending before Hon’ble High Court of Delhi. The Hon’ble High Court has already deputed official liquidator. However the management has not produced the records hence prosecution against the management has been filed before Metropolitan Magistrate, Patiala House, New Delhi. The complainant has informed vide letter dated 12/ 05/ 2015, advising him to file claim regarding non-payment of wages before Authority under Delhi Shops & Establishment Act, 1954, Office of The Dy. Labour Commissioner, Room No 116-123, A-Wing, 1st Floor, Pushpa Bhawan, Pushp Vihar, New Delhi-62.

My doubts are as follows:-

1) Where do I file claim?. Before the LC at Push Vihar or Patiala Court?

2) What should have prevented the commissioner to issue notice for appearance to the said management?

3) Is the Labour Commissioner empowered/supposed to issue recovery certificate under Industrial Disputes Act 1947 ('ID Act') or for prosecution of the management to be initiated?

4) Is he suppose to depute Labour Inspector to inspect the premises of the said management and submit the report?

5) On the basis of the complaint why no action is/was taken by the department concerned other than merely acting like a post office?

please reply with detailed information to enable me to take up the case.

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5 Replies

bsrao 14 May 2015

Depends on what sector you worked in.

Kumar Doab (FIN) 16 May 2015

Show all docs on record ASAP to an able Labor Law Consultant/service matters lawyer/ Law Firm.

Your counsel may opine to join the list of creditors in winding up petition.

1 Like

Jayaprakash (Vice President) 21 May 2015

would request a service lawyer to contact me.

Kumar Doab (FIN) 22 May 2015

Usually counsels worth their salt won't contact from advertsiments on portals like this.

You shall have to find and approach the able counsels and settle your terms, on your own.

HOpe you shall take it positively.

Jayaprakash (Vice President) 23 September 2015

First of all Let me Thank the learned members of this forum for their apt reply to all queries. As an excception, I find all posts from Mr Kumar Doab very illustrative and encouraging.

The official liquidator has issued a notice to the XYZ Telecom Company, for taking over its assets. This comes after the winding up order was passed against this company by the Delhi High Court on 12 Feb 2015. The winding up petition was filed by Deutsche Trustee Company Ltd to recover their dues.
The notice pasted on 30 Apr 2015 says that possession of the assets would be taken over. I hope, once the assets are taken over, the liquidator supposed to begin the process for sell-off. The proceeds are to be distributed according to the prescribed order of creditors.

I filed my claim to DyLC Delhi and made the Company as 1st ans OL as No. 2 respondent as suggested by DYLC. After two hearing as suggested by the Adv representing OL prayed to dismiss the claim for want of leave of the Hon,ble High Court of Delhi to proceed against the company (in liq) represented by respondent no. 2 or alternatively, direct the claimant to file claim in Form 66 which shall be considered in terms of provisions contained in section 529, 529A, and 530 of companies act 1956, whreas the OL asked me to prefer the claim in Form 67 when I met him in person to file my claim(My designation was National Manager at the time of releaving). The OL said that they have not completed the process of taking the assets of the company till date and it may go lengthy. The company owes me huge amount to me. The IT deducted was not deposited by the company to the govt. My question is

1) What is the chances of getting cleared my dues?.

2) Am I eligible to get my unpaid salaries, notice period and other benefits etc?.

3) What is the latest ruling by Hon,ble Supreme Court on employees (other than workmen) payments during liquidation proceedings?.

4) Which Form I should presfer my claim i.e F-66 or F-67?.

A point by point reply with a good suggestion would be highly appreciated.