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Indian Laws - Highlights / Catch Notes

Home Highlights December 2019 Year 2019 This

Recovery of dues from company - employees dues - priority claim ...


Employees' Dues Not Paramount Over All Debts; Prioritized Over Unsecured Claims Per Section 169(2) of Land Revenue Code.

December 5, 2019

Case Laws     Indian Laws     SC

Recovery of dues from company - employees dues - priority claim on debts - - Section 529A of the Companies Act, which gives workers’ dues a priority over all other debts, cannot be applied to the instant case in view of Section 167 of the Societies Act - Merely by virtue of being recoverable as arrears of land revenue, the employees’ dues, in respect of which a recovery certificate had been issued by the Industrial Court, cannot be treated as a paramount charge in terms of Section 169(1) of the Land Revenue Code. Instead, under 169(2) of the Land Revenue Code, they would take precedence only over unsecured claims.

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