9911796707
TMI Blog2025 (5) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... K BHUSHAN, J. I.A. No.378/2024 has been filed by Mr. Basavaiah Chikkanna under Rule 11 & 31 of the NCLAT Rules, 2016, read with Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (for short the 'Code' or the 'IBC') in Comp. App. (AT) No.347/2018. Similarly, I.A. No.6109/2024 has been filed in Comp. App. (AT) No.346/2018 referring to Rule 11 & 31 of the NCLAT Rules, 2016 and as well as Section 60(5) of the IBC code. 2. Both the applications arise out of common facts and submissions, hence it shall be sufficient to refer to the facts in I.A.378/2024, for deciding both the applications: i. Applicants in I.A.378/2024, claim to be ex-employees of its erstwhile IL&FS Environmental and Infrastructure Service Limited (formally known as I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iii. Pass any other further order/s which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case and in interest of justice." vi. In I.A.6109/2024, applicant Dr. D. Rajeev Joseph, who claimed to have been working upto 22.11.2019, tendered his resignation, being aggrieved that he has not been paid full and final settlement and the full amount having not been paid. Application I.A.6109/2022 was filed praying for following reliefs: "i. Direct the new Company M/s. Indo Enviro Integrated Solutions Limited i.e. the Respondent No. 1 or the Respondent no.2 (as the Gratuity and other employee dues are not the part of liquidated assets), to release the balance outstanding dues of Rs. 6,61,313/- to the Appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... firmed ledger statements as received from IEISL and the applicant seek their employment dues in terms of the judgement 02.02.2021 passed by the NCLT Mumbai in C.P. 3638/MB/2018. It is submitted that application is fully maintainable under Section 60(5) of the IBC. It is submitted that applicant has not been paid their full amount, hence applicants haves prayed for direction to Respondent No.1 to pay the balance and due, which relate to the employment of the applicants. There have been unauthorised deductions from the payout to the applicants. 5. Learned counsel for the respondent refuting the submissions of the applicant submits that present application is not maintainable under Section 60(5) of the IBC before this Appellate Tribunal. Appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was sought before the NCLT Mumbai and by order dated 02.02.2021, NCLT Mumbai has approved the resolution under which on payment of sale consideration the Indo Enviro Integrated Solutions Limited, Respondent No. 1 was permitted to acquire the 100% shareholding of the IL&FS Environment Infrastructure and Services Limited. 8. The grievance raised by the applicant in these applications is that they have not been paid the dues which were due on the parent employer. IL&FS Environment Infrastructure and Services Limited (IEISL) for which the application has been filed. One of the objections raised by the counsel for the respondent is that approval of resolution of the entity was passed on 02.02.2021 and the Respondent No. 1 after payment of cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
