Anand Thakkar
19 February 2015 at 17:44
HELLO EVERYBODY AND GOOD AFTERNOON,,
I am practicing as an advocate at Gujarat High Court since last two years. In a Regular bail matter i need some help on some serious topics. As per prosecution case My client was the Managing director of a limited company and company was failed to deposit the amount of PF, ESIC, TDS and PROFESSIONAL TAX which it deducted from the salary of the employees and registered an fir u/s 409,418,201,114 on 04/09/2013.
Actually as the company was facing some critical financial problems it has come to collapsed and my client has left the country due to fear of personal assault before the 70 days ago of lodgement of compalint. and then after he was caught from the liberian country after approxx 1 year of incident. Now, my question is that as he left the country there was no complaint against him and company. Then is he called "ABSCONDER" ? and alleged by prosecution that a managing director is an agent for company so he can be punished u/s 409 of IPC. So, kindly guide me on particular questions requested below.?
(1) Is my client called absconder ? and if yes then kindly provide judgments of regular bail though person is absconder.
(2) Is a managing director of company is agent of company ?
(3) Is a managing director is personally liable for the dues of company?
Kindly provide judgments if available.
Thanks.
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Statutory deductions
HELLO EVERYBODY...
MY QUESTION IS THAT, IF DUE TO FINANCIAL CRISIS COMPANY COULD NOT PAY THE SALARY TO ITS EMPLOYEES, THEN IS THE COMPANY LIABLE TO PAY PF AND ESIC CONTRIBUTION TO THE ACCOUNT OF EMPLYOEES..
CLICK LOGIC IS WHEN THE SALARY ITSELF HAS NOT BEEN PAID THEN IS THERE QUESTION OF DEDUCTION OR DEPOSIT OF CONTRIBUTION?
THANKS.