Non payment of salary

Querist : Anonymous (Querist) 12 October 2011 This query is : Resolved
I joined an start up IT company as their financial controller. It was only after joining that i found out that the company was not financially sound, but i continued to work on promises that the situation would get better. I worked there for 6 months and have not recieved even one months salary payment. A salary account was opened in my name and subsequently closed on my resignation. I served out all the obligation regarding resignation and was issued my relieving letter. But was promised that i would be subsequently paid my salary. But i have received only false promises and now it is almost 11 months since my resignation. I recently found out that the company has wound up. What is the legal option that i have for recovering my dues?

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adv. rajeev ( rajoo ) (Expert) 12 October 2011
when it is wound up you cannot do anything to recover your unpaid salary.

prabhakar singh (Expert) 12 October 2011
IF THE WINDING UP IS GOING ON YOU CAN QUEUP IN THE LINE OF UNSECURED CREDITORS AND IN CASE EVERY THING IS FINISHED YOU SHOULD THINK THAT YOU DID SOME CHARITY WORK FOR THOSE 6 MONTHS.

Raj Kumar Makkad (Expert) 12 October 2011
You should approach in writing to Liquidator appointed by High Court to proceed winding up proceeding so that your claim may be adjusted as per law.

M.Sheik Mohammed Ali (Expert) 12 October 2011
yes i do agree experts query reply

Sailesh Kumar Shah (Expert) 12 October 2011
I go with Shri Raj Kumar Makkad.you should get preference over other unsecured creditors.

Guest (Expert) 12 October 2011
Shri Raj Kumar makkad has suggested the right course of action to be taken by you. Just chech up who has been appointed as the liquidator in the wind up case of the company.

Sankaranarayanan (Expert) 12 October 2011
Yes i agrees all experts opinion

ajay sethi (Expert) 12 October 2011
you ahve stated that company has been wound up . chances of your recovering any amounts are bleak . the company must have been wound up as it is unable to pay its dues .
the workers and other secured creditors will b epaid first . if at all any funds are left then only will you get any money .
next time before taking any job check the company credentials in the market

Vijayarajan (Expert) 12 October 2011
You can make an application before the Labour court under sec 33 (c) and get an order soon and then approach the liquidator.

Advocate. Arunagiri (Expert) 12 October 2011
This querist served as a financial controller, so he can not approach the labour court.

He can get the salary through civil suit. There are remote chances to prefer a criminal case for cheating.

K.S.Srinivas (Expert) 15 October 2011
I agree with Expert raj kumar makkad and expert Arunagiri.

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