Winding-up petition for unpaid salaries, f&f settlement
Srikanth
(Querist) 25 June 2018
This query is : Open
Our full and final settlement has not yet been made by the company. It's the habitual practice of that company. whoever demands strongly for the full and final settlement, they will threaten by sending legal notices. Further, the company will not support and fails the employee verification process for such employee.
Last time few employees have been tried to file a police complaint for the delay in salary for the period of almost 3 months. Then they've been terminated immediately and notices were sent to them as the company name and fame have been spoiled and demanded to pay 25 Lakhs to the company as compensation.
It's been more than a year. All employees are feared of getting involved in unnecessary disputes with the company. We all held non-managerial positions.
1. Please let us know whether it is possible to file Winding-Up petition for recovery of salaries under the Companies Act 2013?
2. If yes where to file High Court or National Company Law Tribunal?
3. How long will it take in Winding Up petition?
4. Please mention if there are any alternative processes for effective/speedy results such
(a) Labour complaint
(b) Writ Petition
(d) Criminal Complaint
(b) Civil / Summary Suits etc.
Company Details:
Type: Private Limited Company
Registered at Andhra Pradesh
Working Office at Bangalore
Business Type: IT - Software Desing & Development
Directors: 3 (No.s) All belongs to the same family
Advocate/CS Sanjeev Kataria
(Expert) 26 June 2018
You seems to be in the category of workman. you can file your claim for salary under section 33 ID Act with Labour court. Another option is to approach NCLT for insolvency of company, if your claim is more than Rs. 1 Lakh. Before doing so, you are required to serve demand notice upon the company at its registered office. it is better to consult a lawyer with entire documents evidencing the facts
Dr J C Vashista
(Expert) 27 June 2018
Repeated question paper.
Prima facie it is a question paper to be taken by the experts.
However, if there is some truth in the story consult and engage a local lawyer for better appreciation of facts and circumstances, guidance and proceeding.
Srikanth
(Querist) 27 June 2018
Dear Dr J C Vashista,
We appreciate your time in replying to our query.
It is not a question paper sir. This is the real problem facing by us.
Of course, we can engage a lawyer. But we are looking for a speedy and cost-saving process.
Since we already in financial crisis, before engaging a local lawyer we wanted to aware about the possibilities, outcomes and the best process from the experts like you.
If possible please provide your opinions as well.
Thank you in advance.
