Industrial dispute
balu
(Querist) 24 January 2014
This query is : Resolved
sir,
i have resigned my job because of the sickness of the unit in last year march 2013. because of the financial position they still not settle my pf, salary, gratuity, bonus extra. already i have file a case against them in labor court in the last month. now i came to know he planned to sell all the assets shortly. if they wind up the unit, i am not able to get the amount. can i have rights to file a suit for stay against the sale proceeds in roc and court because it is a pvt ltd co.
Advocate. Arunagiri
(Expert) 24 January 2014
You can give a complaint to the Labour commissioner.
Rajendra K Goyal
(Expert) 24 January 2014
PF if deducted and deposited can be claimed from RPFC. If not deposited but deducted and shown in your salary slip lodge complaint to RPFC.
Salary and other benefits of employees are payable after settlement of Government dues (taxes etc.).
You should lodge your claim to official liquidator.
Complaint to Labour Commissioner also be lodged.
Advocate. Arunagiri
(Expert) 24 January 2014
The company Act Sub Section 2 of Section 529A further provides that 'the debts payable to the workmen and secured creditors of the Company shall be paid in full, unless the assets are insufficient to meet them, in which case they shall abate the equal proportions'.
The s.529A is an exception to S.530 of the Act.
So, The employees and secured creditors will have the first priority than that of the Govt Taxes.
T. Kalaiselvan, Advocate
(Expert) 25 January 2014
Any amount realised by the liquidator by way of enforcement of charge shall be applied rateably for the discharge of workmen's dues including all sums due to any workman from a provident fund, a pension fund, a gratuity fund or any other fund for the welfare of the workmen, maintained by the company ;
Therefore a claim can be lodged with the official liquidator, as well a petition with Labor Commissioner may be filed.
