Q: I was discharging my duties quite efficiently. But I was suddenly terminated through an SMS on August 13, 2006, and asked to surrender all documents pertaining to the company. They promised to settle my accounts at the earliest. Accordingly, I surrendered the documents on October 20. Now, the company refuses to clear my legitimate dues. How do I go about recovering my dues?
Name withheld
A: My first advice would be not to rush to court but to sort out the matter amicably by appealing to the good conscience of the higher authorities in the company. Initiating legal proceedings would entail expenses and would consume a lot of your time. Moreover, it may take years before such proceedings conclude. However, if the matter cannot be resolved amicably, you may consider filing an application for winding up of the company under Sections 433, 434 and 439 of the Companies Act 1956, assuming that it is a Limited Company and that your dues are undisputed and in excess of Rs 500. This may put pressure on the company and induce it to pay up. The other remedy is that of filing a money suit in the appropriate civil court. However, a suit generally involves a long drawn procedure and higher legal expenses and as such that should not be your first choice.
Q: I am working in a company and my wife works for the West Bengal government. I get medical coverage for my dependents and myself from the company. I want to know if I can lawfully claim medical expenses for my wife if she does not claim any medical allowance from her employer?
M. Saha
A: Whether or not you can lawfully claim medical expenses for your wife will depend on the terms of your medical coverage. If your medical coverage does not exclude your spouse who is in service and has separate medical coverage, then it appears that there will be nothing unlawful in claiming your wife’s medical expenses from your employer. However, you should talk to the concerned authorities in your company and apprise them that your wife has medical coverage but is not claiming compensation thereunder. This should be done to avoid future complications and in the interest of complete transparency.
Q: I used to work for a partnership firm, which had three partners. It was registered under the Indian Partnership Act. For the last three months, I did not receive any salary. Last week, I got a notice that the firm had been dissolved. Does that mean that I will not be able to recover my dues?
S. Basu
A: You need not worry about the dissolution of the partnership firm. Although the firm may stand dissolved, each of the partners remain personally liable for payment of your legitimate dues. You should make a final written demand for payment of your dues to each of the partners and if they still refuse to pay then you will have to file a money suit in the civil court having jurisdiction in the matter. Although a suit is generally a long drawn process you do not have any other remedy. You may consult a criminal lawyer as to whether any complaint can be lodged with the police under any provisions of the Indian Penal Code. A criminal action puts tremendous pressure on the accused and that may induce them to pay up.
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