Liquidator's liability for setting aside funds forcontingent liabilities towards employees
Dear Sirs, I worked for a cooperative bank in Hyderabad. In 2004 our services were retrenched without payment of compensation. We filed cases with the authority appointed under the Shops and Establishment Act. The Authority held the retrenchment illegal and issued award for reinstatement in service and payment of back wages.
The bank went in appeal and the second appellate authority modified the order and directed payment of compensation without reinstatement in service. The bank was not satisfied with this also and went to High court
In the meanwhile in 2014 the bank went into liquidation and the cooperative liquidator on one hand continuing to oppose payment of compensation to us, had retrenched remaining employees paying the very compensation denied to us. He had also paid amounts to depositors and holders of bonds.
Later, in April 2017, the High Court quashed the order of the Second Appellate Authority on the ground that the second appeal was filed after lapse of 30 days limitation. In effect it upheld the order of the first appellate authority for reinstatement and payment of back wages. Following this, the bank filed a writ appeal in HC. In the WA, the bank, among other things, claimed lack of funds for seeking revision of orders.
My request to the learned advocates on this forum is to kindly suggest me a course of action to help me get my compensation and back wages. Also I request for examination of following points:
1. Is the action of the Liqudator to disburse amounts to depositors and bond holders without setting aside funds for the contingent liability towards us, appropriate and within rules? If not, what is the course of action available to make him account for his lapse?
2. How to stop the liquidator from disbursing remaining funds to other parties without settling employees dues.
Request learned advocates to please advice.
Thanks and regards