TMI Blog2020 (9) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... binding on all subordinate authorities of the State vide Articles 141 144 of the Constitution of India. The order passed by the Presiding Officer under the Payment of Wages Act, 1936, is still-born and a nullity in law and cannot stand in view of the foregoing narrative and the provisions of law as enunciated in this order and consequently stands invalidated - A copy of this order may be served on the Presiding Officer so as to take note of this Tribunal's order and to refrain from acting against the interest of justice. Application allowed. - IA No. 50/JPR/2020 and CP No. (IB)-157/7/JPR/2019 - - - Dated:- 13-2-2020 - P. S. N. Prasad , Member ( J ) And Raghu Nayyar , Member ( T ) For the Appellant : Amol Vyas , Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had been taken and ultimately a petition filed under the Insolvency and Bankruptcy Code, 2016 was admitted on 31.03.2017 by the National Company Law Tribunal, Principal Bench, New Delhi, As a result, the moratorium that is imposed by Section 14 came into effect on that date and Respondent No.3 has been appointed as the Interim Resolution Professional (IRP). A Writ Petition was filed against this order, which was admitted only to the extent of the challenge to the vires of the Insolvency Code, is pending. A Special Leave Petition against this order was dismissed on 26.04.2017. Meanwhile, despite the moratorium, a letter was issued by Respondent No.1 to Respondent No.2 invoking the arbitration clause between the parties and Shri Pankaj Garg, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el, also informs us that criminal proceeding being F.I.R. No. 0605 dated 06.08.2017 has been taken in a desperate attempt to see that the IRP does not continue with the proceedings under the Insolvency Code which are strictly time bound. We quash this proceeding. 8) As a result, the appeal is allowed and the steps that have to be taken under the Insolvency Code will continue unimpeded by any order of any other Court. The ratio decidendi of the Hon'ble Supreme Court is binding on all subordinate authorities of the State vide Articles 141 144 of the Constitution of India. Thus, the order passed by the Presiding Officer under the Payment of Wages Act, 1936, is still-born and a nullity in law and cannot stand in view of the fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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