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TMI Blog2021 (12) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... B/2021, CA(IBC)/48/KOB/2021, CA(IBC)/49/KOB/2021, CA(IBC)/50/KOB/2021, CA(IBC)/51/KOB/2021, CA(IBC)/52/KOB/2021, CA(IBC)/53/KOB/2021, CA(IBC)/54/KOB/2021, CA(IBC)/55/KOB/2021, CA(IBC)/56/KOB/2021, CA(IBC)/57/KOB/2021, CA(IBC)/58/KOB/2021, CA(IBC)/59/KOB/2021, CA(IBC)/60/KOB/2021, CA(IBC)/61/KOB/2021, CA(IBC)/62/KOB/2021, CA(IBC)/63/KOB/2021, CA(IBC)/64/KOB/2021, CA(IBC)/65/KOB/2021. inIBA/258/2019(Chennai Bench) (Under Section 42 of IBC,2016) Hon'ble Mr. Rajesh Sharma Hon'ble Member (Technical) And Mr. Ashok Kumar Borah Member (Judicial) For the Appellants : Shri. Jayesh S. Pillai, (Advocate) For the Respondent : Shri.Joseph Kodianthara, (Senior Advocate) ORDER Though there is a delay in preferring this Appeal this matter has been taken for consideration along with other connected matters pending before this Tribunal under Section 42 of Insolvency & Bankruptcy Code, 2016 (hereinafter referred as Code). 1. These appeals have been filed by the Petitioners/Appellants who were workmen/ employees of Excel Glasses Limited, aggrieved by the decision of the Liquidator in the Claims of Workmen/ Employees of the Excel Glasses Limited. The brief facts are: - 2. An applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 16,14,847/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount Rs. 1,24,679/- has only been admitted by the respondent. CA(IBC)/07/KOB/2021 The appellant Jayesh Babu stated that he was an Ex-employee of the Corporate Debtor from 05.09.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,00,000/-. However, from the communication issued by the Respondent through Email dated 26.08.2020, the appellant came to know that an amount of Rs. 1,30,617/- has only been admitted by the respondent. CA(IBC)/08/KOB/2021 The appellant Anil Kumar K.E. stated that he was an Ex-employee of the Corporate Debtor from 01.12.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 74,633/- has only been admitted by the respondent. CA(IBC)/12/KOB/2021 The appellant Baburaj E. stated that he was an Ex-employee of the Corporate Debtor from 01.06.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 18.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 16,94,841/-. However, from the communication issued by the Respondent through Email dated 24.08.2020, the appellant came to know that an amount of Rs. 1,36,686/- has only been admitted by the respondent. CA(IBC)/13/KOB/2021 The appellant K.N. Santhosh Kumar stated that he was an Ex-employee of the Corporate Debtor from 07.12.1998 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 28.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 16,59,140/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount to the tune of Rs. 1,44,554 /- has only been admitted by the respondent. CA(IBC)/18/KOB/2021 The appellant Robert K.S. stated that he was an Ex-employee of the Corporate Debtor from 05.07.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,34,089/-. However, from the communication issued by the Respondent through Email dated 24.08.2020, the appellant came to know that an amount of Rs. 1,36,686/- has only been admitted by the respondent. CA(IBC)/19/KOB/2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,61,327/-. However, from the communication issued by the Respondent through Email dated 30.08.2020, the appellant came to know that an amount of Rs. 1,43,875/- has only been admitted by the respondent. CA(IBC)/23/KOB/2021 The appellant Vijayakumara Panicker stated that he was an Ex-employee of the Corporate Debtor from 01.11.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 16,77,728/-. However, from the communication issued by the Respondent through Email dated 27.08.2020, the appellant came to know that an amount of Rs. 1,36,753 /- has only been admitted by the respondent. CA(IBC)/24/KOB/2021 The appellant Dharmajan P. stated that he was an Ex-employee of the Corporate Debtor from 16.09.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Rs. 83,211/- has only been admitted by the respondent. CA(IBC)/28/KOB/2021 The appellant P.S. Thampi stated that he was an Ex-employee of the Corporate Debtor from 14.09.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 21.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,00,000/-. However, from the communication issued by the Respondent through Email dated 30.08.2020, the appellant came to know that an amount of Rs. 1,36,885/- has only been admitted by the respondent. CA(IBC)/29/KOB/2021 The appellant Thomas S. stated that he was an Ex-employee of the Corporate Debtor from 20.03.2002 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 18.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 15, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 21.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 11,42,324/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of Rs. 1,58,775/- has only been admitted by the respondent. CA(IBC)/34/KOB/2021 The appellant Sabu B. stated that he was an Ex-employee of the Corporate Debtor from 07.07.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,00,000/-. However, from the communication issued by the Respondent through Email dated 30.08.2020, the appellant came to know that an amount of Rs. 1,30,934/- has only been admitted by the respondent. CA(IBC)/35/KOB/2021 The appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, and notice pay and gratuity. His total claim amount is Rs. 18,20,618/-. However, from the communication issued by the Respondent through Email dated 24.08.2020, the appellant came to know that an amount of Rs. 1,62,171/- has only been admitted by the respondent. CA(IBC)/39/KOB/2021 The appellant Sony Varghese stated that he was an Ex-employee of the Corporate Debtor from 06.07.1998 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,04,293/-. However, from the communication issued by the Respondent through Email dated 28.08.2020, the appellant came to know that an amount of Rs. 1,24,679/- has only been admitted by the respondent. CA(IBC)/40/KOB/2021 The appellant Sreekumar M.S. stated that he was an Ex-employee of the Corporate Debtor from 05.09.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n admitted by the respondent. CA(IBC)/44/KOB/2021 The appellant Joseph M. stated that he was an Ex-employee of the Corporate Debtor from 04.07.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,60,600/-. However, from the communication issued by the Respondent through Email dated 26.08.2020, the appellant came to know that an amount of Rs. 1,30,743/- has only been admitted by the respondent. CA(IBC)/45/KOB/2021 The appellant Radhakrishnan P. stated that he was an Ex-employee of the Corporate Debtor from 10.04.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 18,00,000/-. However, from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21.10.2019. He had submitted his claim in Form E on 22.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 20,00,000/-. However, from the communication issued by the Respondent through Email dated 29.08.2020, the appellant came to know that an amount of Rs. 1,30,934/- has only been admitted by the respondent. CA(IBC)/50/KOB/2021 The appellant Manoj V.R. stated that he was an Ex-employee of the Corporate Debtor from 29.08.2006 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 16,03,560/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of Rs. 73,958/- has only been admitted by the respondent. CA(IBC)/51/KOB/2021 The appellant Linu Abraham C. stated tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atuity. His total claim amount is Rs. 18,42,735/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of Rs. 1,38,013/- has only been admitted by the respondent. CA(IBC)/55/KOB/2021 The appellant K.V. Thomas stated that he was an Ex-employee of the Corporate Debtor from 25.06.1987 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 20,18,696/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of Rs. 2,02,431/- has only been admitted by the respondent. CA(IBC)/56/KOB/2021 The appellant Praveen M.D. stated that he was an Ex-employee of the Corporate Debtor from 12.12.2005 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 21.11.2019 to the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been admitted by the respondent. CA(IBC)/60/KOB/2021 The appellant Prathapan V.M. stated that he was an Ex-employee of the Corporate Debtor from 28.12.1995 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 18.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 14,97,102/-. However, from the communication issued by the Respondent through Email dated 28.08.2020, the appellant came to know that an amount of Rs. 1,46,105/- has only been admitted by the respondent. CA(IBC)/61/KOB/2021 The appellant Sajimon T.A. stated that he was an Ex-employee of the Corporate Debtor from 25.06.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,24,372/-. However, f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion on 21.10.2019. He had submitted his claim in Form E on 25.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 16,13,708/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of Rs. 1,18,742/- has only been admitted by the respondent. 4. The respondent -Liquidator, filed counter in each case, inter alia, stating as under: - I. At the time of processing of the claims received from the employees, certain deficiencies were found in the claim application and they were advised vide Email and registered letters for their responses/ clarifications. However, satisfactory responses were not received and the Respondent had no option but to accept the claims up to the amount reflected in the audited books of accounts of the Corporate Debtor. II. The respondent summarised the points as stated in Exhibit D (List of stakeholders for workmen/ Employees) of the stakeholders Report dated 20.12.2020 and submitted that most of the claims of the workmen and e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt that he has not been provided with any order from the appropriate authority in connection with payment of gratuity etc. Since the Appellants have not produced any order of the Labour Court or such authorities the Liquidator on his own cannot decide on disputed liability of them. He can only act on the strength of crystalized claims. 6. We have also gone through the Settlement Agreement dated 02.12.2015 which was arrived at between the Management of Excel Glasses and the Trade Unions, in which it was stated that the lock-out was valid and legally done by the company. 7. This Tribunal suggested modification in the list of stakeholders vide order dated 10.08.2020 in IA 78/KOB/2020 filed under Section 35(1)(n) of the Code and that the Respondent had duly complied with that order. It is the settled position of law that the provident fund, the pension fund and the gratuity fund, do not come within the purview of 'liquidation estate' for the purpose of distribution of assets under Section 53 of the Code. Based on this, the only inference which can be drawn is that Pension Fund, Gratuity Fund and Provident Fund can't be utilised, attached or distributed by the liquidator, to satisfy t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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