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How to execute a labor judgment when the company is not active?

I have received a judgement in my favor in a case against my previous employer (LLC). Now it is in the execution stage.

The particular division of the company where I have worked is not active. There are no assets or funds. They have made a person the manager and shifted him to India so arresting the manager is also not possible.

The owner of the company has other active companies. They are not at all willing to pay anything. Most of my colleagues are also waiting in the execution stage.

It has been more than 3 years now. Is there any solution to recover the rightful amount from the owner?

Thank you in advance!

Hussain Lootah & Associates
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22 Jun 2021, 05:23

Dear questioner,

Please note that the execution applications can be submitted only against the company in which you were employed.

If your employer has started a new business with a new license, the court cannot take any action against the new company even if the shareholders are the same.

I assume the company is an LLC and in that case, the shareholders will have lability only to a limit of the shareholding.

Regards,

Rajasree Ravivarma

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