Vivek (VP) 18 March 2014

Winding up petition by ex-employees

Hi, My ex-employer has refused to clear my full and final payment for more than a year now. I have resigned from the company with a proper notice and received the relieving letter as well. The employer promised to clear the dues in 2 months but never did. Finally I sent a notice through the lawyer to which employer replied that they are going to through financial crunch and are undergoing Corp. Debt Restructuring. The employer has not denied the dues but also did not give any firm date to the payment of dues. Can I file a case against the employer in the highcourt under winding up petition? Will the case stand or there is chance that case would get dismissed? Thanks in advance for your answers.

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Kumar Doab (FIN) 18 March 2014

Designation alone does not decide an individual shall be covered as ‘Workman’ as in ID Act or as ‘Employee’ as in Shops and Commercial Establishments Act or not?

Your lawyer may ask you a set of structured questions and can opine that you would be covered as 'Workman' as in ID Act and as 'Employee' as in Shops and Commercial Establishments Act, or not.

You have mentioned VP under your name. Probably it stands for Vice President.

As a Vice President you may not be covered as ‘Workman’ as in ID Act or as ‘Employee’ as in Shops and Commercial Establishments Act.

In such a case you can approach civil court for recovery of wages.

It shall be appropriate to issue statutory notice before proceeding further.

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 e.g;

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

The AVP succeeded in getting the directions from the court.

You may also go thru the judgment:

Delhi High Court

Argha Sen vs Interra Information

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

27. (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.

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, resignation letter/termination notice, etc …………. Communications exchanged with company to a competent and experienced consultant/service lawyer at your location, that handles winding up petitions, corporate law cases, give inputs in person and proceed under the expert advice of your lawyer.

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