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TMI Blog2021 (1) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... nakulam passed an award of December, 21, 2015 in tune with the settlement agreement dated December, 02, 2015 made between the Union and the Management of the Corporate Debtor. Now the claim put forward by the appellant is barred by Limitation as the appellant sought to have raised an industrial dispute and raised his claims before 2.12.2018. Now the appellant s approaching the Labour Court is nothing but a futile exercise, with an intention to delay and stop the entire process of recovering pending dues from the Corporate Debtor. Since the appellant has not produced any order of the Labour Court or such authorities, it is true that the Liquidator on his own cannot decide on disputed liabilities in the absence of a Civil Court decree or awar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and to get an award from the Labour Court in terms of the provisions contained in the Industrial Disputes Act and other parental enactments and to keep the appeal filed under Section 42 (MA 79/KOB/2020) pending till a final award or order is passed by the Labour Court. 2. The appellant is an ex-employee of Excel Glasses Limited, which company is under Liquidation. He has stated that he has worked for the company for about 29 years and there are dues from the company on various heads such as Retrenchment benefits, Gratuity, Wages, Bonus and Provident Fund etc. He has put forward a total claim of ₹ 22,23,679/- to be paid by the Company. However, the Liquidator by Annexure A6 proceedings while modifying the list of stake holders in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al to decide the lis involved and dispose of the appeal. Hence the submission of the appellant is that in the event this Tribunal is not inclined/propose to decide the lis dispute arising in the appeal, the Tribunal may permit the appellant to work out his remedies through the process of labour court and get an award from the Labour Court or other appropriate authority under the Payment of Gratuity Act, payment of Wages, Act, Payment of Bonus Act and Employees Provident Fund and Miscellaneous Provisions Act,1952, in order to finally settle the benefits accruing to the appellant and other workmen. 4. The respondent Liquidator filed a reply affidavit opposing the contention of the applicant stating that the application itself is wholly mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The last date for submission of claims was 20.11.2019. However, the claim of most of the workmen received after the last date for submission of claims. Despite receiving the claims after the due date of submission, the claims received till 20th Dec, 2019 were processed. The Liquidator also processed the claims received till February 2020 and communicated the decision to the claimants seeking their clarification. However, no satisfactory responses received from the workmen. Since, under Regulation 31(1) of the Liquidation Regulations, the submission of Stake Holders Report needs to be filed within 45 days from the last mandated date for submission of claims, the respondent had no option but to accept claims upto the amount reflected in audi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the way of the Liquidator in effecting the sale of the property in accordance with law. The Respondent Liquidator referred to a decision of the NCLT Hyderabad Bench in the case of Tamil Nadu Generation and Distribution Corporation Limited Vs Savan Godiawala in IA No.719 of 2018 in CP(IB) No.111/7/Hyb/2017 dated 19.5.2020 to state that the Liquidator on his own cannot decide on disputed liability in the absence of any Civil Court decree or award and can only act on the strength of crystalized claims. To buttress this argument, he has also referred to the decision of Hon ble Apex Court in the case Union of India Vs. Raman Iron Foundry reported in AIR 1974 SC 12. Hence until and unless these alleged claims are adjudicated and crystaliz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s barred by Limitation as the appellant sought to have raised an industrial dispute and raised his claims before 2.12.2018. Now the appellant s approaching the Labour Court is nothing but a futile exercise, with an intention to delay and stop the entire process of recovering pending dues from the Corporate Debtor. Since the appellant has not produced any order of the Labour Court or such authorities, it is true that the Liquidator on his own cannot decide on disputed liabilities in the absence of a Civil Court decree or award, as stated in the decision of Hon ble NCLT Hyderabad Bench in Savan Godiawala case (supra). 7. It is not for this Tribunal to give permission to a party to approach any statutory authority or any other forum. If t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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