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2022 (9) TMI 569 - HC - Insolvency and BankruptcyJurisdiction - State Government is the appropriate Government under the scheme of the industrial Disputes Act or not - scope of Ministry of Commerce and Industry, Government of India - whether Rubber Wood India Private Limited, first petitioner in the second petition, can be said to be controlled and managed by the Central Government or not? HELD THAT:- Any officer of the Central Government when deputed by that Government shall have the right to attend the meetings of the Board and take part in the proceedings but shall not be entitled to vote. Chairman shall be appointed by the Central Government and two members to represent the State of Tamil Nadu and one of whom shall the person representing the rubber producing interests. Rubberwood India Private Limited is an instrumentality of the Central Government, has been established under the Rubber Act, 1947 (Central Act) and the membership of the Company has been restricted to only Rubber Board, Andamans Timber Industries Limited, Kerala State Industrial Development Corporation Limited (KSIDC) and any other person/Registered Co-operative Societies /Company formed under the Companies Act, 1956 /Statutory Bodies approved by the Board. Rubber Board shall have the power to nominate five Directors, KSIDC shall have the power to nominate one Director and Financial institutions, banks extending loan to the Company may nominate one Director each and two Directors to be appointed by the Company in General meeting. After the appointment of the Interim Resolution Professional whether the reference to the Central Tribunal can be permitted to continue or workmen represented by the Union are required to submit the claims before him? - HELD THAT:- Regulation 9 provides that a person claiming to be a workman or employee of the corporate debtor, which in present case would be Rubberwood India Private Limited represented through Interim Resolution Professional, shall submit a claim with proof to said Professional in person, by posts or by electronic forms prescribed in Form D of the Schedule. It can also submit supplementary documents or clarifications in support of the claim and for the dues more than one workman or employee any authorised representative is permitted to submit one claim - The right to challenge the decision of the Resolution Professional has also been provided under the Act through an appeal under Section 60(5) of the Code of 2016 before NCLT, and again before NCLAT under provisions of Section 61 of the Code. Thus, workmen respondents are directed to file their respective claims before the Interim Resolution Professional in accordance with the Regulation 9 ibid. Interim resolution professional is directed to adjudicate the claim of the workmen strictly as per the Regulations and afford an opportunity to the workmen to inspect the record and prove their case in support of the claim and adjudicate the same within a period prescribed under the Code - petition disposed off.
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