Stating that “once the company is in winding up the only competent authority to determine the workmen’s dues is the liquidator”, a three-judge bench of the Supreme Court recently held that claims of workmen who claim to be entitled to payment pari passu have to be considered and adjudicated by the liquidator of a debtor company and not by a Debt Recovery Tribunal (DRT).
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
