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ADVOCATEMMMOHAN -  Practicing both IN CIVIL, CRIMINAL AND FAMILY LAWS,Etc.,

Tuesday, March 31, 2015

Who is the competent authority to determine the dues of Workmen when the company in Liquidation ? once the company is in winding up, the only competent authority to determine the workmens dues is the liquidator who obviously has to act under the supervision of the Company Court and by no other authority.-2015 A.P. MSKLAWREPROTS



Section 19(19) of the 1993 Act does not clothe DRT
with jurisdiction to determine the workmens claim
against the debtor company. The adjudication of
workmens dues against the debtor company in
liquidation has to be made by the liquidator. In other
words, once the company is in winding up, the only
competent authority to determine the workmens dues 
is the liquidator who obviously has to act under the
supervision of the Company Court and by no other
authority.

     In the light of the analysis made hereinbefore, the
adjudication made by the Assistant Commissioner of Labour is
without jurisdiction and the same is in the teeth of
determination of the claim of the workman already made by the
Official Liquidator. Hence, the impugned order is set aside. The
Company Application is, accordingly, allowed. - 2015 A.P. MSK LAW REPORTS


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