TMI Blog2020 (9) TMI 557X X X X Extracts X X X X X X X X Extracts X X X X ..... l 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. - IA No. 325 of 2020 in IA No.551 of 2019 in CP (IB) No.49/7/HDB/2017 - - - Dated:- 7-7-2020 - Ratakonda Murali , Member ( J ) And Veera Brahma Rao Arekapudi , Member ( T ) For Appellant : Santhosh Jadhav For Resolution Professional : Challa Gunaranjan , Advocates For Register of Companies : T. Sujan Kumar Reddy , CGSC ORDER Veera Brahma Rao Arekapudi, Member (T) The present application is filed, within limitation, by former Executive in Accounts Department and former Company Secretary of the Corporate Debtor, who are authorized to represent all other employees listed in Annexure-I to this application. 2. Respondent no.l herein is the successful Resolution Applicant having management over the Corporate Debtor/ company. Respondent no.2 herein is the Resolution Professional appointed by the Corporate Debtor. Respondent no.3 is the Corporate Debtor. 3. BRIEF FACTS : 3.1 The Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 of the application that the Resolution Professional/ respondent no.3 has filed Affidavit dated 30.09.2019 (ANNEXURE-3) in IA No.551 of 2019 furnishing details of employees resigned on 28.02.2019 and outstanding dues. 3.8 It is averred in para 10, on page 5 of the application that by order dated 10.02.2020 (ANNEXURE-4) this Tribunal has directed the new management to clear the dues of the employees and other expenses of the Corporate Debtor. 4. PRELIMINARY COUNTER AFFIDAVIT DATED 17.06.2020 FILED ON BEHALF OF RESPONDENTS No. 1 3. 4.1 It is averred in para 5 of the Counter that the present application is filed as an intervention/ interim application in IA No.551 of 2019, whereas the present application has no bearing on IA No.551 of 2019. Such attempt on the part of the applicants is mala fide and intended to mislead the Tribunal. 4.2 It is averred in para 6 of the Counter that through this application the applicants sought to raise pending statutory1 dues over payment of salaries, issuance of Service Certificate/ Relieving Letter, etc. which relate to/ arising after passing of order dated 21.01.2019, approving Resolution Plan submitted by the Resolution Applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loyment disputes, the applicants ought to have approached appropriate Judicial Forum seeking necessary reliefs. It is further averred that claims of pending dues were made without any documentary evidence. 4.9 In para 21 the respondents plead ignorance about the medical I condition of one of the employees who suffered heart attack or about the medical expenditure allegedly incurred by him. 4.10 It is averred in para 23 of the Counter that the affidavit filed by the Resolution Professional is not corroborated by documentary evidence and the Resolution Professional or the applicants have not provided any documentary evidence regarding terms of employment. 4.11 It is averred in para 24 of the Counter that this Tribunal has no jurisdiction to deal with employment matters after approval of Resolution Plan and as such the Tribunal has not passed any orders qua the applicants herein who have resigned voluntarily after approval of Resolution Plan. The contention of the applicants that the respondents have completely ignored the dues of the applicants in spite of orders of the Tribunal is not sustainable. 5. WRITTEN SUBMISSIONS FILED BY THE APPLICANTS. 5.1 It is averred in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide order dated 10.02.2020 to clear the pending salaries of the employees including the dues of the erstwhile security by 17.02.2020. 7. Some of the employees, who resigned from the Corporate Debtor -company had appeared on 02.03.2020 and claimed that they are entitled to receive arrears of salary from the Resolution Applicant. They have stated to have resigned after approval of the Resolution Plan. They are, therefore, entitled to salaries payable by the Resolution Applicant till their resignation from the Company. On the same day this Tribunal had advised employees, who have resigned to move a separate application seeking whatever reliefs they need against the Resolution Applicant. Accordingly the employees who resigned have filed the present IA seeking payment of pending salaries for the month of February 2019 and one month salary towards notice period, viz. March 2019 along with interest at the rate of 16% for the default period, and also to clear the statutory dues, viz. statutory payments towards PF and gratuity accrued to the eligible resigned employees for their completed years of service. They have also requested direction for issuance of Service Certificate and Reliev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter attained finality with the judgment of the Hon'ble Apex Court as the applicants in this IA were on the rolls of the Corporate Debtor / company at the time when Resolution Plan was approved by this Tribunal on 21.01.2019. Subsequently the new management was inducted into the Board of Directors of the Corporate Debtor. 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, we are of the view that the successful Resolution Applicant cannot escape the responsibility by hiding behind the wheel of the employee-employer dispute. We, therefore, taking cue from the judgment of the Hon'ble Apex Court, viz. to protect the interests of all the stakeholders, which is the basic objective of the I B Code, 2016, we are of the view that these employees who resigned after the Resolution Plan is approved are also an integral part of the stakeholders of the Corporate Debtor. 9. Accordingly, we pass the following order. (a) We direct the Resolution Applicant/new management of the Corporate Debtor / ..... X X X X Extracts X X X X X X X X Extracts X X X X
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