9911796707
TMI Blog2021 (12) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... of all the Creditors. The Liquidator has no domain to deal with any property of the Corporate Debtor, which is not the part of the Liquidation Estate. It is clear that in terms of sub-Section (4)(a)(iii) of Section 36 all sums due to any workman or employees from the Provident Fund, Pension Fund and the Gratuity Fund, do not form part of the liquidation estate/liquidation assets of the Corporate Debtor. Some of the Appellants failed to provide any proof of having been appointed in service of employment of the Corporate Debtor and that the benefit accruing to the Appellants shall be subject to documents available on record with the Respondent unless otherwise proven with sufficient evidence that the Appellants were in employment of Corporate Debtor and that the Appellants without properly responding to the communication addressed to them, have now come with the above appeals. This cannot be accepted. The claim of wages cannot be sanctioned unless the statutorily constituted forums either under the Industrial Dispute Act, Payment of Wages Act and Bonus Act have rendered its decision - appeal dismissed. - CA(IBC)/02/KOB/2021 - - - Dated:- 18-11-2021 - CA(IBC)/02/KOB/2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch, by Boon Investment and Trading Company Private Limited. The said application was admitted by the National Company Law Tribunal, Chennai Bench, vide its Order dated March 26, 2019 and accordingly, the Corporate Insolvency Resolution Process (hereinafter referred to as CIRP ) was initiated. Since no resolution plan was received during CIRP period, the order for Liquidation of the Corporate Debtor was passed vide Order dated October 21, 2019 by this Bench and the Respondent herein, Mr. Ravindra Chaturvedi, was appointed as the Liquidator of the Corporate Debtor. 3. Pursuant to the order of liquidation, the Liquidator, (respondent herein) had issued Public Announcement on 21.10.2019 intimating liquidation of the subject company and calling upon the stakeholders of the subject company to submit proof of their claims on or before 20.11.2019 to the respondent. The said public announcement though published in two newspapers were published on 24.10.2019. Subsequently the Appellants submitted their claim in Form E before the respondent. On 10.08.2020, an order was passed by this Tribunal in MA/78/KOB/2020 under Section 33(1)(n) of the Insolvency and Bankruptcy Code, 2016, for modific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of ₹ 1,12,915/- has only been admitted by the respondent. CA(IBC)/09/KOB/2021 The appellant Jijimon T. stated that he was an Ex-employee of the Corporate Debtor from 22.04.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 28.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 15,08,394/-. However, from the communication issued by the Respondent through Email dated 30.08.2020, the appellant came to know that an amount of ₹ 1,06,615/- has only been admitted by the respondent. CA(IBC)/10/KOB/2021 The appellant Binumon P. stated that he was an Ex-employee of the Corporate Debtor from 20.02.2008 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the respondent. CA(IBC)/14/KOB/2021 The appellant Liju Abraham stated that he was an Ex-employee of the Corporate Debtor from 12.06.2007 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 14,98,502/-. However, from the communication made by the Respondent through Email dated 29.08.2020, the appellant came to know that an amount of ₹ 68,268/- has only been admitted by the respondent. CA(IBC)/15/KOB/2021 The appellant Rajendran Nair stated that he was an Ex-employee of the Corporate Debtor from 23.04.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 16,59,886 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from 01.03.1992 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 17,75,304/-. However, from the communication issued by the Respondent through Email dated 27.08.2020, the appellant came to know that an amount of ₹ 1,36,421/- has only been admitted by the respondent. CA(IBC)/20/KOB/2021 The appellant Somashekaran Nair stated that he was an Ex-employee of the Corporate Debtor from 12.07.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 25.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 16,94,841/-. However, from the communication issued by the Respondent through Email dated 26.08.2020, the appellant came to know that an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 16,73,966/-. However, from the communication issued by the Respondent through Email dated 26.08.2020, the appellant came to know that an amount of ₹ 1,36,885/- has only been admitted by the respondent. CA(IBC)/25/KOB/2021 The appellant Francis K.J. stated that he was an Ex-employee of the Corporate Debtor from 26.08.1995 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 18.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 16,48,645/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of ₹ 1,44,014/- has only been admitted by the respondent. CA(IBC)/26/KOB/2021 The appellant Sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 15,54,168/-. However, from the communication issued by the Respondent through Email dated 29.08.2020, the appellant came to know that an amount of ₹ 1,05,944/- has only been admitted by the respondent. CA(IBC)/30/KOB/2021 The appellant Babul M.S. stated that he was an Ex-employee of the Corporate Debtor from 30.07.1998 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 16,55,117/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of ₹ 1,24,982/- has only been admitted by the respondent. CA(IBC)/31/KOB/2021 The appellant Jayakumar S. stated that he was an Ex-employee of the Corporate Debtor from 25.10.1995 and was in continuous service till the Corporate Debtor went into liqu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued by the Respondent through Email dated 30.08.2020, the appellant came to know that an amount of ₹ 1,30,934/- has only been admitted by the respondent. CA(IBC)/35/KOB/2021 The appellant Sajeevan P.V. stated that he was an Ex-employee of the Corporate Debtor from 28.08.1995 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 17,66,112/-. However, from the communication issued by the Respondent through Email dated 28.08.2020, the appellant came to know that an amount of ₹ 1,44,014/- has only been admitted by the respondent. CA(IBC)/36/KOB/2021 The appellant Santhosh Kumar R. stated that he was an Ex-employee of the Corporate Debtor from 22.05.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as sal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... admitted by the respondent. CA(IBC)/40/KOB/2021 The appellant Sreekumar M.S. stated that he was an Ex-employee of the Corporate Debtor from 05.09.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 23.12.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 16,57,835/-. However, from the communication issued by the Respondent through Email dated 23.08.2020, the appellant came to know that an amount of ₹ 1,30,817/- has only been admitted by the respondent. CA(IBC)/41/KOB/2021 The appellant Sukeshkumar P. stated that he was an Ex-employee of the Corporate Debtor from 02.07.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 10.04.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 18,00,000/-. However, from the communication issued by the Respondent through Email dated 26.08.2020, the appellant came to know that an amount of ₹ 1,36,554/- has only been admitted by the respondent. CA(IBC)/46/KOB/2021 The appellant Ajeesh P.V stated that he was an Ex-employee of the Corporate Debtor from 02.09.2006 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 18,00,000/-. However, from the communication issued by the Respondent through Email dated 28.08.2020, the appellant came to know that an amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 16,03,560/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of ₹ 73,958/- has only been admitted by the respondent. CA(IBC)/51/KOB/2021 The appellant Linu Abraham C. stated that he was an Ex-employee of the Corporate Debtor from 10.08.1998 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 17,47,280/-. However, from the communication issued by the Respondent through Email dated 29.08.2020, the appellant came to know that an amount of ₹ 1,24,437/- has only been admitted by the respondent. CA(IBC)/52/KOB/2021 The appellant Santhosh Kumar P.C. stated that he was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt compensation, and notice pay and gratuity. His total claim amount is ₹ 20,18,696/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of ₹ 2,02,431/- has only been admitted by the respondent. CA(IBC)/56/KOB/2021 The appellant Praveen M.D. stated that he was an Ex-employee of the Corporate Debtor from 12.12.2005 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 21.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 16,50,684/-. However, from the communication issued by the Respondent through Email dated 28.08.2020, the appellant came to know that an amount of ₹ 69,549/- has only been admitted by the respondent. CA(IBC)/57/KOB/2021 The appellant Joshimon K. T. stated that he was an Ex-employee of the Corporate Debtor from 15.10.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... munication issued by the Respondent through Email dated 28.08.2020, the appellant came to know that an amount of ₹ 1,46,105/- has only been admitted by the respondent. CA(IBC)/61/KOB/2021 The appellant Sajimon T.A. stated that he was an Ex-employee of the Corporate Debtor from 25.06.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is ₹ 17,24,372/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of ₹ 1,30,934/- has only been admitted by the respondent. CA(IBC)/62/KOB/2021 The appellant Saijumon M.S. stated that he was an Ex-employee of the Corporate Debtor from 31.08.1995 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been admitted by the respondent. 4. The respondent -Liquidator, filed counter in each case, inter alia, stating as under: - I. At the time of processing of the claims received from the employees, certain deficiencies were found in the claim application and they were advised vide Email and registered letters for their responses/ clarifications. However, satisfactory responses were not received and the Respondent had no option but to accept the claims up to the amount reflected in the audited books of accounts of the Corporate Debtor. II. The respondent summarised the points as stated in Exhibit D (List of stakeholders for workmen/ Employees) of the stakeholders Report dated 20.12.2020 and submitted that most of the claims of the workmen and employees were received by the Liquidator after the last date fixed for receipt of claims i.e., 20.11.2019. In the absence of appropriate response and documents required to support the claims, the liquidator in accordance with Regulation 19 verified the total liability towards workmen/ employees as per the books of account of the Corporate Debtor till October 21, 2019, the date on which the liquidation order was passed. It is also stated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at between the Management of Excel Glasses and the Trade Unions, in which it was stated that the lock-out was valid and legally done by the company. 7. This Tribunal suggested modification in the list of stakeholders vide order dated 10.08.2020 in IA 78/KOB/2020 filed under Section 35(1)(n) of the Code and that the Respondent had duly complied with that order. It is the settled position of law that the provident fund, the pension fund and the gratuity fund, do not come within the purview of liquidation estate for the purpose of distribution of assets under Section 53 of the Code. Based on this, the only inference which can be drawn is that Pension Fund, Gratuity Fund and Provident Fund can t be utilised, attached or distributed by the liquidator, to satisfy the claims. Section 36(2) of the I B Code 2016 provides that the Liquidator shall hold the Liquidation Estate in fiduciary for the benefit of all the Creditors. The Liquidator has no domain to deal with any property of the Corporate Debtor, which is not the part of the Liquidation Estate. It is clear that in terms of sub-Section (4)(a)(iii) of Section 36 all sums due to any workman or employees from the Provident Fund, Pens ..... X X X X Extracts X X X X X X X X Extracts X X X X
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