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TMI Blog2021 (3) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... clude gratuity amount receivable by them from the corporate debtor. Hence, they have filed revised claim form through their advocate on August 6, 2019 claiming salary, LTA, bonus and gratuity. 2. The applicants submit that they are entitled to claim the amount as workmen's dues in accordance with section 326 of the Companies Act, 2013. The revised form-D filed through the advocate on August 6, 2019 is enclosed at annexure 3 to the application. 3. It is submitted that the resolution professional (RP) by an e-mail dated August 10, 2019 requested the applicants' advocate to furnish documents in support of their claims. The RP further stated that for some of the applicants the salary amount claimed in the previously submitted form-D differs from the amount stated in the revised form-D. The advocate for the applicants by an e-mail dated August 16, 2019 addressed to the RP, submitted that the applicants were never issued salary slip by the corporate debtor but instead their signatures were obtained on the salary register available in the office of the corporate debtor. 4. The applicants further submit that on August 20, 2019 the resolution professional (RP) by an e-mail inform ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 019 which were duly accepted. It is further submitted that the resolution professional again received revised claims from the employees on August 6, 2019. 7. The resolution professional submitted that the revised claims submitted by the employees were not supported by proper documents and the salaries of few of the employees given in the earlier claim form and the revised claim form were different. Therefore, the resolution professional communicated the same to the advocate of the applicants on August 10, 2019 and requested to clarify the same. It is submitted that the resolution professional received an e-mail dated August 16, 2019 from the applicants' advocate stating that they wish to take an inspection of salary register, bonus and LTA register maintained at the office of the corporate debtor and that few of the employees may be allowed to visit the office for taking the copies of salary register and bonus and LTA register. 8. The resolution professional submits that she extended full co-operation and assistance to the applicants for submitting their revised claims and promptly replied to the queries raised by the applicants and their advocate. The resolution professional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority observed that in the main petition resolution plan was pending for approval and thus claim now tendered by the appellants could not be considered. 5. Learned counsel for the appellant submits that the appellants are employees of the corporate debtor and did not know about the corporate insolvency resolution process. Appeal claims that the appellants continued and still continue to be workmen and were continuously present in the premises on working days. We do not agree with the contention of learned counsel for the appellant. When public notice was issued, whoever is eligible and wants to file claim, can file the claim with IRP/RP in prescribed form. After resolution plan has already been submitted, such claims cannot be accepted. The process cannot be reversed in a manner that clock is set back. Such actions can lead the company into liquidation." 12. The resolution professional therefore submits that the CIRP is a time bound process and the IBBI has specified stipulated timelines and any delay or any hindrance caused in completion of CIRP in 270 days can lead the company into liquidation and thus the resolution professional plays very important role in adhering to thos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms filed by the applicants and to approve a revised resolution plan. 16. The resolution professional has filed a similar reply as in M. A. No. 3263 of 2019 as narrated above in paragraph Nos. 6 to 13. Decision in M. A. No. 3263 of 2019 and M. A. No. 3879 of 2019 : 17. Heard counsel for both the sides. On going through the averments in the applications we are of the view that the revised claims were filed by the applicants in these applications belatedly and the resolution professional has received the claims only after the approval of the resolution plan by the CoC. Further the individual claims filed by the applicants were already admitted by the resolution professional. In view of this there is no merit in the applications filed by the applicants, accordingly both the applications are dismissed. However, this Bench during the hearing of the approval of resolution plan required the resolution applicant to come forward with some payment so that these employee applicants will get some benefits and considering the same, the resolution applicant has agreed to make a payment of Rs. 11,00,000 to the resolution professional which will be distributed to all the employees/workers equall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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