Q:My father used to work as an accountant for a private limited company. I also work in the same company as a sales promotion officer. Due to differences with my family, I have not been residing in our family house for the past 10 years and have been staying separately.
My father passed away three months ago. The company has recently informed me that my father had taken a loan of Rs 5 lakh from the company but before his expiry, he had repaid only Rs 1.5 lakh of the total amount.
The company is claiming the balance of Rs 3.5 lakh from me and is threatening to recover the amount from my salary. Can the company take such an action?
I had no knowledge of any such loan taken by my father and didn’t benefit from any such loan in any manner.
Further, by making a will, my father left all his property to my mother and my sister and left me nothing. Am I still liable for any loan that my father might have taken from the company?
Anirban Chattopadhyay
Calcutta
A:I shall assume that your family is Hindu by religion. Under the Hindu Law, it is the pious duty of a son to discharge the liabilities of his deceased father. However, such an obligation is not absolute and is only to the extent of the moneys and properties of the father which the son has inherited.
You should inform the company that your father disinherited you and left all his assets and properties to his other legal heirs and that you have no knowledge about any loan taken by your father from the company.
Under those circumstances, the company cannot lawfully claim or recover from you the balance amount of any loan that your father may have taken from the company.
Q:I worked in the factory of an industrial company from 1995 until March 2004 when my services were terminated illegally and arbitrarily. Also, no show cause notice was issued to me and no reason for termination of my service was given in the termination letter. I raised an industrial dispute and the matter was referred to the Industrial Tribunal.
In February 2007, the tribunal made an award in my favour directing reinstatement along with full back wages. Subsequently, I have been reinstated in service but the company has not paid my back wages despite repeated requests and reminders. In these circumstances, what should I do to recover my back wages? Do I have to approach the tribunal or the court once again?
Name withheld
A: It is not necessary for you to approach any tribunal or court for recovery of your back wages. Under Section 33C of the Industrial Disputes Act, 1947, you may make an application to the appropriate government for recovery of money due to you. If the government is satisfied with your application, it shall issue a certificate to the collector for the amount due to you. The collector shall then proceed to recover the amount in the same manner.
However, please note that such an application should be made within one year from the date on which the money became due to you from your employer.
This procedure is in addition to and not in derogation of any other mode of recovery which may include filing a civil suit or a winding-up petition against the company.
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