9911796707
TMI Blog2021 (8) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... c. 2. Brief facts of the Application, which are relevant to the question, are as follows: (1) The Applicant are the Workmen of the Corporate Debtor, GCL Pvt. Ltd., represented by the President of the GCL Pvt. Ltd. Employees Union, a Unit of Bengaluru North Industrial Workmen Union, Registered Trade Union, registered under the TU Act, bearing registration No. B-1 (TUA) 14-1984/85 espousing the cause of the Workmen of the Corporate Debtor ('CD'). It is stated that the Applicant Union is a recognized Union of the Corporate Debtor. More than 100 workmen/employees are employed by the CD at the plant located at Plot No. 67A and B, Dobberspet, Sompura Industrial Area, Nelamangala Taluq, Bengaluru Rural District, Karnataka-562111, before the Corporate Debtor illegally caused Lay off to the Workmen by a notice dated 08.03.2019. More than 1000 people, including the Workmen, were dependent on the operations of the CD. (2) It is stated that the CD was not paying the Workmen/employees' wages since October, 2018 and was also not remitting the contributions to the EPF & ESIC authorities of the contributions of the Workmen/employees and Employer since the month of January, 2018. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion filed by the Operational Creditor, Shri R.N. Manoharan, and about the appointment of Shri Shivadutt Banerjee as an IRP to carry out the CIRP. Later this Tribunal vide order dt. 22.07.2019 had also appointed Shri Srikantiah Shivaswamy, as a Resolution Professional ('RP'). The Applicant had filed a claim statement to the RP. It is stated that the total amount claimed to the RP was Rs. 4,23,11/876/-. This claim excluded the applicable Statutory dues, including the Gratuity and Closure Compensation, as applicable under the ID Act, 1947, since the workmen were hoping that the matter would be resolved through a Resolution Plan through a prospective Resolution Applicant and the workmen will be protected with their job and wages. (6) Subsequently, the Applicant through IA No. 423 of 2019, before this Tribunal on the prayers of the Workmen which included to hear the workmen since they are an important part in the CD and any orders would have a strong impact on the livelihood of the Workmen. This Tribunal, vide order dt. 23.09.2019, directed the RP to invite the Authorised Representative of the Employees Union of the CD in the meetings of the CIRP. However, the RP failed to co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Workmen. Subsequent to the above order, the Respondent sought details of the claimant workmen along with bank details, and the Counsel for the Applicant, vide email dt. 16.02.2021, sent the compensation details, as sought by the Liquidator. (10) Subsequent to the Liquidator's email calling for a meeting, the Counsel for the Applicant along with its representatives met the Liquidator on 27.03.2021 and upon going through the claims as admitted by the Liquidator, the Counsel for the Applicant were shocked over the grossly unfair calculations made by the Liquidator and the same was also expressed to the sole Secured Creditor, M/s. Canara Bank, in its meeting, which sought a detailed justification through the Liquidator. (11) The Applicant sent a representation dt. 07.04.2021 to the Respondent, the justification, both factual and legal, for the claims of the workmen. In response, the Liquidator, vide letter dt. 10.04.2021, with highly prejudiced remarks and also legally and factually incorrect. Subsequently the Applicant made one more representation to the Liquidator on the unfairness pertaining to the admission of the amount of claimant workmen. In the meantime, the Respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Company is closed, as per the provisions of Bonus Act, along with statutory dues towards the EPF and ESI. It is further stated that it would be grossly unconstitutional if the claims are not admitted and the Workmen are not paid their dues as per the claims. 3. Heard Shri L. Muralidhar Peshwa, learned Counsel for the Applicant, Shri M.V. Sudarshan, learned Liquidator along with Shri Hemanth Rao, learned Counsel for the Liquidator, through Video Conference. We have carefully perused the pleadings of the Parties and extant provisions of the Code, Rules made there under and the Law on the issue. 4. We must state at the very outset that the we are very conscious of the fact that claims of workmen who have toiled to serve the company and helped in production and running of the same through hard labour, must be given due importance. The Companies Act as well as the IBC 2016, contain specific provisions for workmen for this reason. Hence the Legislative intent also is to protect the interest of the workmen. 5. In the instant case when CIRP was ordered, then also their claims were made before the RP, and all the records and documents available with the RP would have been handed over t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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