(1.) WHETHER an employee or workman can claim entitlement to file a petition for winding -up of employer -company and whether he could be said to be a creditor for his salary dues so as to maintain such petition under Sections 433 and 434 of the Companies Act, 1956, is the preliminary question raised in the present petition.
(2.) BEFORE proceeding to consider the issue, stating in brief the factual controversy could not be out of place.
(3.) AT the same time, a preliminary contention was raised by the company in its affidavit -in -reply about the maintainability of the winding -up petition by the petitioner contending that the petitioner being an employee of the company, did not fall within the purview of the class of creditors entitled to present winding -up petition. Therefore in course of hearing, learned advocate for the respondent, at the outset raised the said preliminary ground.