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2020 (9) TMI 557 - Tri - Insolvency and BankruptcyCIRP process - employee- employer dispute - employees who resigned after the Resolution Plan is approved - stakeholders of the Corporate Debtor or not - Jurisdiction of Tribunal - HELD THAT:- The primary object of the I&B Code is to balance the interests of all the stakeholders including the workers, who need to be paid. Any Resolution Plan not adhering to the I&B Code, 2016 is against the interest of all the stakeholders and would defeat the spirit of the I&B Code. Thus, taking into consideration the primary objectives of the I&B Code, 2016, we are not inclined to accept the contention of the new management of the Corporate Debtor that the issue pertains employee-employer dispute and that this Tribunal does not have jurisdiction. The applicants, who resigned on 28.02.2019 from the Corporate Debtor-company with one month notice were the employees of the Corporate Debtor when new management was inducted in the Board of the Directors of the Corporate Debtor. Therefore, the successful Resolution Applicant cannot escape the responsibility by hiding behind the wheel of the employee-employer dispute. Thus these employees who resigned after the Resolution Plan is approved are also an integral part of the stakeholders of the Corporate Debtor.
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