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TMI Blog2021 (8) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... nion, the same has to be made in the prescribed manner and within the prescribed time. As per Regulation 16, a stakeholder has to prove his claim for the debt or dues to him as on the liquidation commencement date. As per Reg. 19, in the case of workmen, the proof of claim has to be submitted to the liquidator in person, or by post or electronic means in prescribed forms. The proof has to be provided in the manner laid down in Reg. 19(3) - the claim can also be accepted as per the books of accounts of the corporate Debtor. The claim of the workmen needs to be considered by the Liquidator. This denial of claims would be against all norms of justice and equity. Hence, without any comment on or interfering with the disputes that are sub-judice before various courts, thus, the legitimate and verifiable dues of the workmen must be considered by the Liquidator. The order rejecting the claims of the Applicants is set aside - petition disposed off. - I.A. No. 167 of 2021 in C.P. (IB) No. 101/BB/2018 - - - Dated:- 13-8-2021 - Bhaskara Pantula Mohan, Actg. President and Hemant Kumar Sarangi, Member (T) For the Appellant : L. Muralidhar Peshwa, Advocate For the Respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the CD was more than 100 at the relevant period. Hence, the CD was bound to pay the Workmen full wages as per Sec. 33(C)(1) of the ID Act, 1947. But by virtue of the moratorium imposed by this Tribunal, the Workmen didn't file for any recovery of the amount under the ID Act, 1947. (3) After the Memorandum of Settlement was signed between the Applicant Union on 07.02.2017 and the Management of the CD, the Management of the CD was not complying the terms of the Settlement and the Applicant Union made a representation in this regard to the CD. The Operational Creditor in this Petition, Shri R.N. Manoharan, had signed the said Memorandum on behalf of the CD. The CD was also not paying the Workmen the earned wages within the stipulated time. The Applicant Union, after exhausting the bilateral remedies, made representation to the concerned Authorities under the ID Act, 1947 the Authority under the Factories Act, 1948. Post representation to the concerned authorities, the CD caused an illegal Lay effective from 09.10.2018. The Applicant Union brought this illegal action of the CD to the concerned Labour Authority by a representation dt. 11.10.2018. The said lay off was lifted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. Later the Applicant Union came to know about this Tribunal's order for liquidation of the CD, and the Liquidator had also handed over the possession of the CD to M/s. Canara Bank, being a Secured Creditor. The Applicant Union sent a representation dt. 26.9.2020, to the Respondent herein, praying to accept the claims of the Workmen. (7) However, the Respondent herein, expressed that he cannot accept any claims from the Workmen without any orders from this Tribunal and further claimed that he had notified in 'The Financial Express' and 'Hosa Digantha' seeking for claims. It is stated that since the publication was made in said English daily, which is read only by some elite class of the society and the other daily was quite unknown and poorly circulated daily and hence there was no chance that the Workmen to know its contents. It is stated that the Applicant Union sent communications to the Liquidator regarding their claims and it appeared that the Liquidator had a prejudiced view against the Workmen on all their claims for the reasons best known to him. (8) It is further stated that the General Secretary of the Applicant Union, had sent the detailed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll closure compensations and full gratuity but has paid only 40.28% of even the gratuity amount to the workmen to whom he has remitted the amount directly to their Bank Account. (13) In the meanwhile, the Liquidator conducted a Stakeholders Consultative Committee meeting, without inviting the representatives of the Workmen, the Petitioner, by violating Regulation 31A of the Liquidation process and arbitrary with connivance of the lone Secured Creditor has taken a decision to file dissolution application. (14) It is submitted that the Workmen/Employees of the CD were facing severe hardships due to the non-payment of wages since October, 2018 and many of them were working for the CD for more than 20 years. And that the Liquidator has been acting arbitrarily and biased against the interest of the workers. Hence, the claim statement filed by the Applicant Union be admitted by the Respondent, being the Liquidator in the present Company Petition. (15) It is stated that the Corporate Debtor was not closed until the Company was ordered for liquidation. A Company is deemed closed when the Company is liquidated. Hence, the Workmen are entitled for closure compensation as per S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bed manner and within the prescribed time. As per Regulation 16, a stakeholder has to prove his claim for the debt or dues to him as on the liquidation commencement date. As per Reg. 19, in the case of workmen, the proof of claim has to be submitted to the liquidator in person, or by post or electronic means in prescribed forms. The proof has to be provided in the manner laid down in Reg. 19(3). As mentioned supra, the claim can also be accepted as per the books of accounts of the corporate Debtor. 7. It is submitted by the Liquidator that while he had taken all steps, even making a paper publication the claims of the workmen were not received within the prescribed in time. However, we also find from the submissions of the Liquidator that he has no objection to consider the claims of the workmen if so directed by this Tribunal, but the claims must be submitted in accordance with the Code and Liquidation Regulations. 8. On a consideration of the above facts and circumstances, we are of the considered view that the claim of the workmen needs to be considered by the Liquidator. This denial of claims would be against all norms of justice and equity. Hence, without any comment on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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