Post-winding-up salary claims are unenforceable once employment has ceased and dues were fully settled.

After a winding-up order, a post-winding-up salary claim is not enforceable where the employment relationship has ceased for the purposes of such claims under Section 445(3) of the Companies Act, 1956. The Gujarat HC noted that the salary demand related to a period after the company had already been ordered to be wound up, and that the applicant had already received the amount due in full and final settlement. Alleged payments made to other workmen did not create an independent right in the applicant's favour. The post-winding-up salary claim was therefore not maintainable and was rejected.

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Issues: Whether salary claimed for a period after the date of winding up of the company was payable to the applicant in view of Section 445(3) of the Companies Act, 1956.

Analysis: The claim related to salary for December 1995 to June 1996, whereas the company had already been ordered to be wound up on 2 August 1995. Once winding up took effect, the relationship of employer and employee ceased to subsist for the purposes of such post-winding-up claims. The record also showed that the applicant had already been paid the amount found due in full and final settlement, and the alleged payments made to some other workmen did not create an independent legal right in favour of the applicant. In the circumstances, the post-winding-up salary demand could not be sustained under the statutory scheme.

Conclusion: The claim for salary for the post-winding-up period was not maintainable and was rejected.

Final Conclusion: No further amount was payable to the applicant from the company in liquidation, and the summons failed.

Ratio Decidendi: After an order of winding up, a claim for salary arising for the period thereafter is not enforceable where the employment relationship has ceased and the workman has already received full and final settlement of dues.

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