Recovery of past salaries

I want the recovery of past salaries from my company. I am working as an engineer in an Ltd company from 2006, from last 3 years the financial condition of the company is not good, approx 20 months’ salary is pending, I have not resigned, because if I resign, they will stop paying me a […]

by | Aug 31, 2015 | Civil Law

I want the recovery of past salaries from my company. I am working as an engineer in an Ltd company from 2006, from last 3 years the financial condition of the company is not good, approx 20 months’ salary is pending, I have not resigned, because if I resign, they will stop paying me a small amount, what they are paying in the gap of 2 or 3 months, even the provident fund is not being deposited by the company from last 18 months, how can I get my salaries now.

According to section 22 of Sick Industrial Companies (Special Provisions) Act, 1985, [SICA] sick company is bound to pay all wages including Gratuity however sick company has a privilege during the sickness to strengthen its financial status and avoid to windup but Section 22 of the SICA, 1985, must not be allowed to defeat the legitimate claim of the workmen for wages.

In Sri Chamundi Mopeds, and Dy. Commercial Tax Officer v. Coramandal Pharmaceuticals and Ors. Supreme court held that: – The relationship of master and servant between the industrial company and the workman was continuing, the employer was bound to pay wages even though no work was taken from them and proceedings for recovery of such wages were not covered by Section 22 of the SICA, 1985.

The above-mentioned decision is adopted by the Allahabad High Court in the case of Poysha Industries v. Collector of Ghaziabad, held that SICA is legislation made in the public interest for securing timely detection of sick companies owning industrial undertakings and it was thus legislation for the benefit of the industries in the public interest.

The public interest cannot be looked bereft of the interests of the workmen. The policy behind the labour legislation is aimed at securing justice to the workmen and to avoid exploitation by employers, either by non-payment of wages or be wrongful retrenchment or by withholding payment of wages or the like.

Either you should writ petition before High Court or file petition before Company law tribunal for recovery of past salaries and provident fund.

Ask Your
Question

Other advice you might like

Azaan may be an integral part of Islam but its recitation through the loudspeaker cannot be said as its integral part

The right to recite Azan though sound-amplifying devices are not protected under Article 25 since it is not an integral part of Islam. The microphone is a gift of technological age; its adverse effect is well felt all over the world. Use of loudspeakers otherwise in accordance with law affects fundamental rights of the citizens under Article 19 (1)(a) of the Constitution of India.

Section 34: Specific Relief Act 1963

Section 34: Discretion of court as to declaration of status or right Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying or interested to deny, his title to such character or right, and the...

Office

Spring Greens Apartment
Ayodhya Road
Lucknow

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54