Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1992 (10) TMI 264

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ay of remuneration ₹ 2,000/- to the clerks, who had prepared the statement of claim of the workmen at the instance of the Court. 2. So far as payment to be made to the clerks is concerned, the objection which has been raised on behalf of the secured creditor i.e. the State Bank of India, is that the amount of ₹ 22,000/- is on a higher side. It was also submitted that this amount being in the nature of costs, should be ordered to be paid only at the end, that is when the final orders are passed in the winding-up petition. As it was difficult for the workmen to prepare the statement of claim and the Official Liquidator also would have been put to much trouble, it was suggested to the TLA that they should get the said statement pr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 's dues in relation to a company means the aggregate of the sums specified in clause (b) of sub-section (3) of that section, due for the company to its workmen. One of them is wages. The word "wages" is not defined by the Companies Act. However, my attention was drawn to the definition of the word "wages" in the Industrial Disputes Act and the Payment of Wages Act. Section 2(rr) of the Industrial Disputes Act, defines "wages" as under : "(rr) 'wages' means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to a workman in respect of his employment, or of work done in such employment, and includ .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... er any award or settlement between the parties or order of a Court; (b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period; (c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name); (d) any sum which by reason of termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made; (e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force; but does not include - .... .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates