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2021 (6) TMI 605 - Tri - Insolvency and BankruptcySeeking explanation for holding back the salaries of Applicants, from Resolution Professional - seeking disbursement of salary - seeking disbursement of superannuation dues - service of notice of termination, if termination is proposed - HELD THAT - This bench ordered liquidation of the Corporate Debtor and appointed Mr. Divyesh Desai as the liquidator. In view of this, the Applicants are directed to approach the liquidator with proper details of their claims in respect of the salary dues for the CIRP period. The liquidator shall decide the same in accordance with law. Applicant No. 4 has claimed a sum of ₹ 69,73,619/- towards superannuation benefits apart from salary during CIRP. As far as this claim is concerned, major portion of the claim relates to pre-CIRP period and thus he has to file the claim as an Operational Creditor and the liquidator should consider the same in accordance with Law. Application disposed off.
Issues: Application for relief regarding unpaid salaries and superannuation dues during Corporate Insolvency Resolution Process (CIRP).
Analysis: 1. Unpaid Salaries: The Applicants, former employees of the Corporate Debtor, sought directions for the Resolution Professional (RP) to explain and disburse their salaries for January to April 2019. They alleged discrimination by the RP in not paying their salaries post the commencement of CIRP. RP also refused to pay TDS on the salaries for a specific period. The Respondent contended that lack of funds and CoC's reluctance caused non-payment. The CoC rejected a resolution for salary payment, and the RP emphasized the need for CoC approval for such payments. The Applicants' failure to provide necessary information further delayed the process. 2. Superannuation Dues: Applicant No. 4 claimed superannuation benefits totaling a significant amount. The Tribunal directed him to file the claim as an Operational Creditor with the liquidator for consideration in accordance with the law. 3. Judgment: The Tribunal, in its order, noted the appointment of a liquidator for the Corporate Debtor and directed the Applicants to approach the liquidator with detailed claims for salary dues during CIRP. The liquidator was tasked with deciding on these claims as per legal requirements. Regarding the superannuation benefits claim by Applicant No. 4, the Tribunal specified that a major portion of the claim pertained to the pre-CIRP period, instructing him to file the claim as an Operational Creditor for the liquidator's consideration. The application was disposed of with these directions, and no costs were awarded.
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