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manish (director)     23 January 2014

Summary suit or winding up petition

My payments from a Mumbai based listed company is pending from last 2 .5 years. I am based in Ludhiana . what can be methods for payment recovery? is summary suit better or winding up petition. Better in terms of time taken. Please help. Thanks in advance



Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     24 January 2014

File summary suit.

manish (director)     29 January 2014

Sir,

Thanks for your reply. Since i am based in Ludhiana, can we file a summary suit in Ludhiana Session court or High Court. And also can we file winding up petition and summary suit together? Also winding up petition can also be filed in Chandigarh High Court because the company registered office is in Mumbai.Also how much is success percentage ?

 

Thanks

 

Advocate Bhartesh goyal (advocate)     30 January 2014

You can file suit for recovery at Ludhiana but can not file winding up petition at ludhiana.Winding up petition can be filed only in High Court whose jurisdiction companies registered office situates i.e Mumbai..both recovery suit and winding up petition can not file together.you have to choose any one. 

Kumar Doab (FIN)     02 February 2014

Mr. Goyal has given valuable advice. Kindly follow it.

FNF dues should be paid within last day in office or say next 3 days or max. by usual pay day.

 

If company has defaulted on payment of wages it must have defaulted on PF, Gratuity, ESIC, Bonus, TDS………….etc


The employees can approach:

--- Trade Unions e.g; CITU, AITUC, INTUC ............................


--- Inspector under (Name of your state) Shops and Commercial Establishments Act


--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. If you are covered by this act then you and all employees can file common application for recovery of wages. You may go thru Sec; 

--- O/o Labor Commissioner

--- ESIC Inspector; at its website ESIC has mentioned wage ceiling for ESIC as Rs.25000/pm

--- RPFC in nearest PF office

--- ITO; TDS where you file your ITR

--- CIT-TDS (jurisdictional) where company files ITR

---Controlling Authority of Gratuity

 

---Civil Court



Prepare a list of assets of the establishment and its directors…………………..Managers that are endorsed as ‘Representatives of the employer’………………

It shall be appropriate if you don’t delay proceed under the expert advice of your labor consultant/service lawyer.


Build unbearable pressure so that the employer has to cough up the payment of due wages even if he has to sell his……………………………

 

YOU MUST AT ONCE SUBMIT FNF STATEMENT OF PAYABLE BY COMPANY TO YOU AND THUS PLACE ON RECORD THE“DETERMINED DEBT” AND HENCE AMOUNTS COMPANY OWES TO YOU AND DO YOUR LEVEL BEST TO OBTAIN AN ACKNOWLEDGMENT FROM COMPANY EVEN IF BY EMAIL OR AT LEAST FNF STATEMENT FROM COMPANY EVEN IF BY EMAIL.

 

 

 

 

>> Unpaid wages is debt on employer.

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer.

 

Assuming that you won’t be covered as ‘Employee’ as in Shops and Commercial Establishments Act, ‘Workman’ as in ID Act (however let your consultant/service lawyer opine finally on it)   you can approach civil court and also as Creditor’s of the company for liquidation and recovery of your dues.

The limitation period in your case may be 3years.

 

 

 

 

“An Assistant Vice President of the company succeeded against the employer.”

You may go thru:


Delhi High Court
Argha Sen vs Interra Information ... on 12 September, 2005

 

https://www.indiankanoon.org/doc/1941604/?type=print

 

 



27…………………….. It is not a petition for recovery of any disputed debt. The amount in question is clearly payable by the respondent-company to the petitioners which is on account of salary and allowances, etc. In spite of giving an assurance to make the payment, the dues are not paid. The defense put forth by the respondent-company is clearly sham. Therefore, I am of prima facie view that debt is payable by the company and it is unable to pay the same.


28. In view of the circumstances explained above, following directions are given:
(a) CP No. 244/2004 is admitted to hearing. Citations shall be published in 'The Statesman'(English) and 'Jansatta'(Hindi) for 8-11-2005. The Official Liquidator attached to this Court is appointed as the Provisional Liquidator, who shall take charge of the assets and records of the company.

(b) This order shall remain in abeyance for a period of six weeks to enable the company to deposit the amount involved in both the petition in this Court.
(c) In case the amount is not deposited within six weeks, the petitioners shall take steps for getting the citations published. For publication of citations both the petitioners shall share the expenses in equal proportion. The Official Liquidator, in that eventuality, shall take immediate steps as per the aforesaid directions.

 

>> There are various threads on similar queries that you may find relevant e.g;

 

 

https://www.lawyersclubindia.com/experts/Salary-not-paid-by-company-450521.asp#.Uu4FAUeBmXU

Salary not paid by company (Labour & Service Law)

 

 

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

 

 

Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment

 

https://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UbRtnOeAqWN

 

 

Labour & Service Law > Others > Company in liquidation

 

 

 

 

 

 


Attached File : 780884713 argha sen vs interra information.docx downloaded: 120 times

SHIRISH PAWAR, 7738990900 (Advocate)     04 February 2014

It is better to file summary suit. It can be filed where transaction took place ro where defendant is having address.


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