Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2019 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (7) TMI 1425 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHISalary of a Liquidator - period involving ‘Corporate Insolvency Resolution Process’ and the prior period - Appellants submitted that the Adjudicating Authority has failed to decide the claim of the Appellantsworkmen, who actually performed the duties during the ‘Corporate Insolvency Resolution Process’, but have not been paid the salary - HELD THAT:- An order of liquidation has already been passed. This apart, the disputed question of fact, as to whether the Appellants have actually worked during the ‘Corporate Insolvency Resolution Process’ or the earlier period, cannot be dealt with by the Adjudicating Authority till such information could have been obtained from the ‘Resolution Professional’ or claim is decided by the Liquidator. We are not inclined to interfere with the impugned order dated 25th April, 2019, but allow the Appellants-all 272 workmen and employees to file individual claims before the Liquidator, who after going through the record and taking into consideration the pleadings made by workmen/ employees will determine the claim. If claim of one or other workmen/ employee is rejected, it will be open to them to move before the Adjudicating Authority, who may decide the same in accordance with law. Gratuity and Provident Funds - HELD THAT:- It is sufficient to say that the same cannot be treated to be the asset of the ‘Corporate Debtor’. They are to be disbursed among the employees/ workmen who are entitled for the same. Appeal disposed off.
|