In a winding up petition filed before NCLT, one of the recognized Trade Union raised its voice against such winding up for the reasons inter alia that the closure of the unit affects the livelihood of the workers/employe

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2022
In a winding up petition filed before NCLT, one of the recognized Trade Union raised its voice against such winding up for the reasons inter alia that the closure of the unit affects the livelihood of the workers/employees. Decide whether workmen have a right to be heard before winding up petition is admitted ?

Answer & Explanation:

The workers of a company are entitled to appear at the hearing of the winding-up petition whether to support or to oppose it. They have a locus standi to appear and be heard both before the petition is admitted and an order for advertisement is made as also after the admission and advertisement of the petition until an order is made for winding up the company. It is in view of the judgement of the Supreme Court in National Textile Workers' Union vs. P. R. Ramakrishnan that the workers' union have a right to be heard before winding up petition is admitted, and an order for its advertisement is passed because closure of unit affects the livelihood of the workers / employees.

Topics: Insolvency and Bankruptcy

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