workmen dues under SARFAESI Act 2002

shanmugam palanichamy (Querist) 02 May 2010 This query is : Resolved
I was an employee of an agro industry. My service with above industry is more than 12 years. The physical possession of the unit was takenover by the Bank(secured Creditor) in March 2007, after evicting the workmen by police force. At the time of eviction, we were given a assurance by bank that they will settle all workmen due in priority basis. But in April 2010, the unit was sold to a new firm without any intimation to the workmen. On representation by the workmen to the bank, they have told that the union leader got the full payment on behalf of the workmen as per a settlement u/s 18(1) of ID Act 1947. But none of our employee has received even a single rupee. Can we challange this matter in court of law. If possible on what grounds, we can file our claim. Please do suggest.

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Guest (Expert) 02 May 2010
YOU MAY FILE A WRIT PETITION IN THE HIGH COURT AGAINST THE ILLEGALITIES BY THE BANK AND THE PURCHASER AND UNION LEADER
UP ON HEARING YOUR PETITION COURT WILL ISSUE NOTICE TO THE RESPONDENTS AND WILL PASS APPROPRIATE ORDER.
IN CASE YOU NEED ANY FURTHER HELP KINDLY WRITE OR CALL.
THANKS
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

Parthasarathi Loganathan (Expert) 03 May 2010
Bank dues gets the top most priority to set off in case of recovery materialised through SARFAESI ACT

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