Can a writ be filed by workmen of private company against a
4WhatIsRight
(Querist) 07 September 2015
This query is : Resolved
Our management has decided to close down a industrial unit citing losses due to lack of market of our product.
The management has also shown that there is a substantial amount payable to a PSU bank, which has charge on company's property.
We the workmen of the organisation want the unit to run, as there is potential market for product we make but management has not only intentionally not tapped the market but has fudged accounts and shown false losses.
We the workmen along with our trusted investor, who wants the company to run, are interested in paying off the dues to psu bank.
Can we file a writ?
Who are to be made party to the writ?
Workers, management, bank, investor?
Or what are the options available to us in above situation?
We along with the investor are willing to pay off all liabilities.
Dr J C Vashista
(Expert) 07 September 2015
Anonymous athor with adopted/fake name "4whatisright"???
Rajendra K Goyal
(Expert) 07 September 2015
You can proceed provided Board of directors / majority of share holders agree to it.
Guest
(Expert) 07 September 2015
You are a law student, as per your profile, not even an individual worker, while you are speaking about the whole class of workers.
So, why do you misrepresent yourself with assumed name as "4WhatIsRight," along with false and hypothetical queries? You may better assume your name as, "4WhatIsWrong."
Kumar Doab
(Expert) 07 September 2015
There is a remedy.
However you may clarify on the observations made by experts.
Kumar Doab
(Expert) 07 September 2015
>>> In this thread you are a 'Workman' and have posted that:
"Our management has decided to close down a industrial unit citing losses due to lack of market of our product.
The management has also shown that there is a substantial amount payable to a PSU bank, which has charge on company's property.
We the workmen of the organisation want the unit to run, as there is potential market for product we make but management has not only intentionally not tapped the market but has fudged accounts and shown false losses.
We the workmen along with our trusted investor, who wants the company to run, are interested in paying off the dues to psu bank.
Can we file a writ?
Who are to be made party to the writ?
Workers, management, bank, investor?
Or what are the options available to us in above situation?
We along with the investor are willing to pay off all liabilities."
>>> In other thread you are a counsel, posted at:
http://www.lawyersclubindia.com/experts/Closure-of-a-working-unit-by-wrongful-lay-off-illegal-lock-out-558561.asp#.Ve12231-jMo
"Dear Friends,
Few of my labour friends working for a company limited by shares have approached me with the following issue.
it is a small working unit which the management wants to close down due to increase in property prices.
to achieve their objective they have drained the company funds by diversions, created false sundry creditors and added interest to show loss.
Further the management did not make attempts to sell their products in order to prove that there is no demand for company's product.
now the management is planning shut down.
The workforce union have a well wisher who is willing to pay all liabilities and run the company. the well wisher is so confident about the running of the company that he is willing to go to the extent of filing an affidavit in court that he shall run the company for next ten years despite loss or profit.
what options and procedure are available to my labour friends in such situation to save their livelihood? "
>>> Such matters require expertise and therefore the affected workmen may preferably consult an able labor Law Consultant/Service matters lawyer/Law firm.
4WhatIsRight
(Querist) 08 September 2015
I appreciate all efforts of seniors here who have contributed their learning here.
As regards response of learned friend citing fake name, so can anyone of you say whether the profile name given are real or fake?
As regards my qualification and standing up for a group of workmen is considered:-
1. A learned professional while representing a matter before court represents it as if the client is pleading.
2.If I am trying to help some people by getting them legal opinion of experts in the matter as regards option before them, am I committing a crime.
3.I posted this query to get views of professional, but unfortunately no one except Mr.r.k.goyal had some sensible reply to make.
Thank you Goyal Sir.
For rest all I pray that you get all that you truly deserve in life.
I appreciate your efforts in making all passing remarks displaying your learning.
My due regards to all.
4WhatIsRight
(Querist) 08 September 2015
All learned professionals reflecting their learning doubting my intent or academics should have ignored this post rather than wasting their valuable but limited energy.
Even a child knows that is easier to ignore a fool (me) than answering to his (mine) queries.
I never forced anyone to respond.
Had RAJ (MAKKAD) SIR been here, he would have definitely given an indication of all possibilities in such situation. He never made hurting reflections.
His good work inspires.
N.K.Assumi
(Expert) 26 August 2017
4whatisRight, It appears that the company has become a sick company. winding up of a company has the effect of causing death of a company and should be the last option of the company, and it should be exercised cautiously based on public policy. Every endeavor should be made to revive the company though it may be running in a loss. The SICA 1985 has been repealed by SICA 2002 and chapter XIX of the act will apply to such company, and BIFR will have a voice in such matters with a scheme of rehabilating the company for its revival..Please also note that under the companies act only provides that a creditor may move for the winding up of the company on the ground that the company is unable to pay its debts, on a demand made by the creditor.Now the power to order winding up is vested on the NCLT where the company has its registered .office. you may refer to sections 271-272 of 2013 Act and ections s 433 to 434 of 1956 Acts.
