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Labour court awarded money against my company now it is closed
06-Dec-2023 (In Labour & Service Law)
Hi Sir, In a labour case judgement the court has awarded rs 2 lac each to 3 of employees who filed a case against my company in 2008. The final judgement came now in 2018. I have already closed my company in 2008. I do not have that much of money to pay since my age is 62 and I am retired now. I only have a flat in faridabad under my name for property sake. I want to understand what action can the court take in this situation if I am not able to pay the awarded amount. Can they try to recover the amount from my flat property which is the only house under my name.? In the case filed they made 2 parties basically one was my company name and then myself. What is the procedure to reply to judgement notice explaining my financial condition. Also is there any provision for jail term in such cases?
To answer correctly, we will need to review a lot of documents and details such as the entire case file and documents related to your company. An opinion given without reviewing the documents will be of no use and can be wrong.
Helpful?
If the case was against your COMPANY I e private limited or public limited,duly incorporated under the Companies Act in that case you will not be personally liable under the Award of the Labour Court.
Secondly did you contest the case and took the plea that your COMPANY has been closed?
There are many ifs and buts and a correct reply could be given only after those facts are also incorporated by you in your question.
Helpful?
Adv. Pravin Sharma
Delhi | 5+ Answers
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Dear Sir
In the given proposition, you need to file an appeal against the judgment. Moreover, the provisions of labour laws don't provide for attachment but that doesn't guarantee immunity from a criminal case on employees part. therefore, the first thing one should do is to file an appeal at this stage within limitation.
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Adv. Abhishek Vashisht
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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