In Sanjay Sadanand Varrier v M/s Power Horse India Pvt Ltd, a larger bench of Bombay High Court recently held that an employee can maintain a petition for winding up of a company as a creditor based on a claim of the recovery of unpaid employment dues.
The case was referred to a larger bench as the single judge disagreed with the decision of the single judge in the case of Mumbai Labour Union v M/s Indo French Time Industries Ltd (2001).
Varrier filed a company petition before the high court contending that as the company had failed to pay him employment dues from 2009 until his resignation in March 2012, the company was unable to pay its debts.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or bhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
