9911796707
TMI Blog2020 (9) TMI 557X X X X Extracts X X X X X X X X Extracts X X X X ..... 3.1 The Tribunal vide its order dated 21.01.2019 approved Resolution Plan submitted by the Resolution Applicant/ respondent no.l herein, pursuant to which, on 24.01.2019, the successful Resolution Applicant has changed the Board Member by appointing their representative Directors on the Board of the Corporate Debtor. Some of the employees of the Corporate Debtor, listed in Annexure-I, have resigned on 28.02.2019 from the Corporate Debtor -company, which have been accepted by the then Director. 3.2 It is averred that having submitted resignations, the resigned employees presented themselves at the office, but it was closed. Salaries and other statutory payments due for the months of February and March 2019 have not been paid to said resigned employees. List of employees and the details of dues are at ANNEXURE-I. 3.3 It is averred in para 6 of the application that the Resolution Applicant/ the new owner of Corporate Debtor has not issued Service Certificate and Relieving Letter in favour of the resigned employees due to which the employees could not join any other organization for the next several months. 3.4 It is averred in para 7 of the application that the Ex-Company Secretar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t no.l herein. 4.3 It is averred in para 7 of the Counter that the allegations levelled in the application pertain to employee- employer disputes, which are beyond the jurisdiction of this Tribunal. 4.4 It is averred in para 8 of the Counter that the CIRP of respondent no.3 under I&B Code, 2016 has attained finality with order dated 22.01.2020 passed by the Hon'ble Supreme Court in the case of MAHARASHTRA SEAMLESS Vs. PADMANABHAN VENKATESH, Civil Appeal No.4242 of 2019. 4.5 It is averred in paras 9 and 10 of the Counter that the applicants have resigned from respondent no.3/ company after Resolution Plan approved by the Tribunal vide order dated 21.01.20,19. Such resignations are voluntary in nature and they were not, in any way, related to CIRP of the Corporate Debtor. Therefore, the present application is not maintainable. 4.6 It is averred in paras 11 and 12 of the Counter that the issues raised in this application have no relation to insolvency resolution of the Corporate Debtor and they apparently relate to employment disputes occurring after completion of CIRP of respondent no.3. Further, respondent no.3 no longer remains a Corporate Debtor under I&B Code as CIRP of r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions that the resignations tendered by the employees were accepted by representative of the Corporate Debtor, Shri Ashok Soni vide e-mail dated 01.03.2019 (copy of e-mail is at page-12/ Annexure-2 in IA No.551 of 2019) asking the employees to extend all cooperation to the Corporate Debtor in view of NCLT, Hyderabad order. However, though 15 months elapsed the dues of the resigned employees were not paid by the Corporate Debtor. 5.2 It is averred in paras 4 and 5 of the Written Submissions that the applicants filed IA No.551 of 2019 for payment of outstanding dues to the employees. The Corporate Debtor dodged making payment of dues on untenable grounds like pendency of appeal before the Hon'ble Supreme Court and Resolution Applicant having filed an application for withdrawal of Resolution Plan. It was only when this Tribunal expressed disappointment, the amounts have been verified and confirmed by the RP in his Affidavit dated 28.09.2019 (Annexure-4 to this application). 5.3 It is averred in paras 6 and 7 of the Written Submissions that the Corporate Debtor has deposited PF dues in respect of resigned employees this year. Such deposit of PF amount is an acknowledgement of liab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts herein have taken a stand! that the allegations levelled against the applicants in this IA pertain to employee- employer dispute, which are beyond the jurisdiction of this Tribunal. Further they also claimed that the CIRP of the Corporate Debtor under the I&B Code, 2016 attained finality with order dated 22.01.2020 passed by the Hon'ble Supreme Court in the case of MAHARASHTRA SEAMLESS LIMITED Vs. PADMANABHAN VENKATESH & OTHERS, Civil Appeal No.4242 of 2019 WITH Civil Appeals No.4967-4968 of 2019. They also averred that the applicants have resigned from the Corporate Debtor / Company after Resolution Plan approved by the Tribunal vide order dated 21.01.2019. Such resignations are voluntary in nature and were in no way related to CIRP of the Corporate Debtor. Therefore, the present application is not maintainable. Based on the above contentions the respondents have prayed for dismissal of this IA. In light of the contention of the respondents we have gone through the judgment of the Hon'ble Apex Court in Civil Appeals No.4967-4978 of 2019, filed by respondent no.l herein. In para 19 of the judgment the Hon'ble Apex Court has very affirmatively referred to the preamble ..... X X X X Extracts X X X X X X X X Extracts X X X X
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