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Anand Babu (Self employed)     29 December 2014

Settlement of dues

Hi,

My name is Anand & I was a part of an organisation for almost 11 years - which is currently defunct. I decided to move out of the organisation before it decided to shut it's operations & have gone through the formal procedures. Which means, my resignation was sent out, accepted by the management & was issued a relieving letter along with the F & F Statement.

However, the full & final settlement appears to be only on paper & has not been paid till date. This includes my salaries for the last 3 months, gratuity, etc. The managing director of the company has only one answer ' no money to pay you'. In fact, the last time that I had followed up with him, I only got to hear a lot of 4 letter foul words that I cannot mention here. All this was done on sms & I have copies of them.

Another development is that the organisation has voluntarily accepted to wind up & the courts have appointed an official liquidator to take care of the final formalities.

My question is - what would happen to my settlement? I had also lent this person a loan (in the company's name, copy of the pass book available to substantiate this) which is now being refused as well. Both put together add up to a significant amount which I am in dire need of. What steps can I take to handle this?

Just to give you a little more detailing, I am mentioning the timelines below -

a) Period of working with the Organisation: May, 2000 to September, 2011

b) Date of relieving: September, 2011

There have been innumerable follow ups on the settlement of dues, for which several promises were made which were not kept. Now, he is refusing to even pay.

Your guidance shall be highly appreciated.

Regards

Anand

 

 

 

 



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 3 Replies

Kumar Doab (FIN)     29 December 2014

You have posted that:

"Another development is that the organisation has voluntarily accepted to wind up & the courts have appointed an official liquidator to take care of the final formalities.

"
 
You may lodge claim with Official Liquidator.....
 
A similar query is being discussed at another thread:
 

https://www.lawyersclubindia.com/forum/Winding-up-petition-news-paper-advt-out-114509.asp#.VKEtYoBYA

 

 

Gratuity: If the company has obtained mandatory insurance as per Payment of Gratuity Act 1972 then the insurer e.g. LIC (P&G section) is in the custody of the funds and FormI can be attested by the company...........................

 

 

Supreme Court of India has put all speculations to rest as far as “Stacking Order od Priorities in secure lending”. This puts dues Workmen’s Dues (pari passu with Bank Dues) at last at number 5……………

You may go thru an interesting thread:

https://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UboCqdhVMgu

 

 

You may find another thread and threads mentioned in it as relevant and useful.....

 

However seek final advice from your able Labor law Consultant/Service matters lawyer......................

 

You should Act ASAP

 

 

 

Anand Babu (Self employed)     29 December 2014

Thanks for your reply, Kumar. I just finished off a meeting with the Official Liquidator. But the concerned manager says not to expect anything as the company has no assets at all. The case is still in progress & the verification of accounts are currently being undertaken. However, there seem to be no assets with the Company or the Managing Director - which was the last hope for me. Can I file a case in this regard? Regards Anand

Kumar Doab (FIN)     30 December 2014

The state govt. might have issued additional notification for mandatory insurance for Gratuity..... Your Labor Law Consultant /Service matters Lawyer,lawyer specializing in criminal law, Company Secretary ,Income tax lawyer and CA might opine that jail time is possible for various violations.......and this may enable you to put your feet on the tail and extract your dues............even if the director have succeeded to show that they have nothing...... Achieve some handle on them....

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