Workmen's dues - company under liquidation - discharge of dues ...

Case Laws Insolvency and Bankruptcy

April 28, 2022

Workmen's dues - company under liquidation - discharge of dues out of liquidation proceeds - The workmen's dues, as adjudicated by the Controlling Authority under the Minimum Wages Act, 1948, has to be distributed from the liquidation assets in the order of priority as provided under Section 53 of the Code. Ext.P3 order is not in breach of the provisions of the Code - The liquidation process and the distribution of assets are not over and there is no bar under Section 38 of the Code to receive the claim under Ext.P3. Section 38 does not curtail the power of the Liquidator to distribute the dues out of liquidation process till the distribution of assets. - HC

View Source

← Previous Next →

Workmen's dues - company under liquidation - discharge of dues ...

Case Laws Insolvency and Bankruptcy

April 28, 2022

You may also like:

Court ordered dissolution of company and discharged Official Liquidator as Liquidator u/s 481 of Companies Act, 1956 as Official Liquidator could not proceed further...

Recovery of tax dues of the company from personal assets of the Director - Application of the doctrine of lifting the corporate veil - vicarious liability of petitioner...

Dissolution of company sought u/s 481 of Companies Act, 1956. Court opined liquidation proceedings warranted termination, company should be dissolved as Official...

Recovery of Service Tax dues, of a Company which is under liquidation applying IBC, 2016 - It is thus beyond the two years preceding the commencement of liquidation date...

The case involved the rejection of a claim for statutory interest under Rule 156 of the Companies (Court) Rules, 1959 in favor of the workmen. The court held that under...

Distribution of assets - Workmen dues - whether part of liquidation estate assets or not? - The provident fund dues, pension funds dues and gratuity fund dues are not...

The provident fund dues, including contributions u/s 7A, interest u/s 7Q, and damages u/s 14 of the EPF Act, are not part of the liquidation estate assets. The EPFO...

Constitutional Validity of Section 327(7) of the Companies Act, 2013 - statutory claims of the “workmen’s dues” - Overriding effect of the provisions of IBC - As...

Legal provisions and remedies available to the Assessing Officer (AO) when dealing with a company whose name has been struck off from the register of companies. Key...

Seeking winding up of respondent company - Failure to pay outstanding dues - section 434 of the Companies Act, 1956 - The court noted the substantial unpaid amount...

Company liquidation proceedings warrant termination due to complete winding up, lack of funds, or other reasons preventing continuation. Court dissolved company,...

Liability of directors of private company in liquidation - steps taken against the delinquent Company - The order does not record any of the material which formed the...

Seeking release of security interest from the liquidation estate - If the respondent wants to proceed with the liquidation proceedings without relinquishing his security...

Eligibility of wages to dissenting workmen - company under liquidation - Several claims were lodged by the dissenting workmen before the official liquidator for...

The NCLAT held that the requirement of obtaining a No Objection Certificate (NOC) from stock exchanges under Regulation 37(1) and (2) of the LODR (Listing Obligations...

Quick Updates: