JUDGEMENT

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 would not be out of place.

2.1 Petitioner's case is that he was an employee of respondent company upon being appointed by the company on the post of Blade Design Engineer at Vadodara, as per letter of appointment dated 16th August, 2012. The respondent company had its branch also at Netherlands. The petitioner joined his duties at Vadodara on 03rd September, 2012. Various terms and conditions of the appointment were explained by giving addendum to the letter of appointment. As per the petitioner, he was paid salary in accordance with the contract of service. It was his case that on 10th January, 2013 his services came to be re-located and he was made to be posted at the branch in the Netherlands. According to the petitioner, even