2018 (10) TMI 1683 - Tri - Insolvency and Bankruptcy

Indulgence of this Bench to direct the Committee of Creditors and the Resolution Professional to maintain transparency in the Insolvency Proceedings as also the CIRP proceedings - HELD THAT - The interest of the Employees of the Corporate Debtor Company has been looked after in CIRP process by making payment of Salary up to February, 2018. In this regard, ld. Resolution Professional has expressed the difficulty in arrangement of Funds so as to make the payment of Salary to the Employees. This Bench is of the view that the ld. Resolution Professional shall take all necessary steps to arrange the Funds and intimate this Bench the latest position of the availability of the Funds so that a plan can be chalked out for the allocation of Funds. The ld. Resolution Professional shall place on record the list of the Employees with their Designation, monthly Salary and the date up to which the Salary has already been disbursed. On the basis of these details, future plan of action shall be laid down. Application disposed off.

Summary

Issues:
1. Employees seeking transparency in insolvency proceedings and disbursement of dues.
2. Allegation of lack of protection for customers and employees by the company.
3. Application for insolvency filed amidst customer port-out process.
4. Lack of communication regarding outstanding dues to employees.
5. Request for maintaining transparency and retaining assets for business operation.
6. Assurance by Debtor Company's Senior Advocate regarding consideration of employees' interest.
7. Discussion on accrued wages, salary, and gratuity payments during insolvency resolution process.
8. Difficulty in arranging funds for payment of salaries to employees.

Analysis:
1. The Employees of the Corporate Debtor filed a Miscellaneous Application seeking transparency in the insolvency proceedings and disbursement of dues. They requested the Committee of Creditors and Resolution Professional to maintain transparency and ensure the Corporate Debtor remains a "going concern" to pay dues to employees as per the law.

2. An allegation was made that the Promoters did not protect the interests of customers and employees despite the company's significant market share in the Telecom Service Provider business. The company integrated with other operators during a customer port-out process, leading to the filing of an insolvency application under Section 10 of The Code, causing surprise among stakeholders.

3. The Employees' Association expressed concerns about the lack of communication regarding outstanding dues amounting to about 125 crores. They highlighted the miscommunication and lack of confirmation from the Resolution Professional, leading to mistrust among employees.

4. The Employees requested the Committee of Creditors to update them on the progress of the insolvency proceedings and maintain transparency. They also urged the Resolution Professional to retain assets, including the spectrum, to ensure the company can continue its telecom business operations.

5. The Debtor Company's Senior Advocate assured that the interests of employees would be considered as per the norms under the Insolvency Code. Meetings were held to discuss accrued wages, salary payments, and gratuity concerns of employees during the insolvency resolution process.

6. The Resolution Professional faced challenges in arranging funds for salary payments to employees. The Tribunal directed the Resolution Professional to take necessary steps to arrange funds, provide details of employees, their salaries, and disbursement status to plan future actions effectively.

7. In conclusion, the Tribunal disposed of the application with directions for the Resolution Professional to address the fund availability issue promptly and provide necessary information for effective fund allocation planning.