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TMI Blog2022 (5) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... of dues but Resolution of the Companies meant for maximisation of the value of assets , to promote entrepreneurship, availability of credit and balance all interest of the stakeholders. Employees and workmen do constitute a major part of the stakeholders. The term employee in general parlance refers to a person, who is hired by the employer to perform a particular job and is entitled to a specific wage or salary. Section 3(36) of the Code states that the term workmen shall have the same meaning as provided under Section 2(s) of the Industrial Disputes Act, 1947. For the purpose of the Code, the term workmen dues has to be interpreted in terms of explanation to Section 326 of the Companies Act, 2013. As per the definition incorporat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rla] Member (Technical) For the Appellant : Ms. Pratiksha Sharma, Mr. Kunal Katariya and Mr. Ankit Acharya, Advocates For the Respondent : Mr. D. Ray Choudhuri, Sr. Advocate with Mr. Deendayal G. Dhanure, Advocate JUDGEMENT [ Per : ShreeshaMerla, Member (T) ] 1. Aggrieved by the Impugned Order dated 06/09/2021, passed by the Learned Adjudicating Authority (National Company Law Tribunal, Mumbai Bench), in C.P. (IB) No. 1060/MB/2019, Mr. Kishore K. Lonkar preferred this Appeal against the Order of dismissal of the Application under Section 9 of the Insolvency and Bankruptcy Code, 2016, (hereinafter referred to as The Code ). 2. Learned Counsel strenuously contended that the Appellant worked as the employee in the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the principal amount of the Gratuity was already paid to the Appellant and the question of whether interest is to be paid or not, is to be decided by the Regional Labour Commissioner and that this Tribunal does not have jurisdiction to entertain such disputes. 6. As against this argument, Learned Counsel appearing for the Appellant submitted that apart from Gratuity there are still dues pertaining to LTC and Leave Encashment which construes debt and default and therefore the ratio of the Hon ble Supreme Court in M/s. Innoventive Industries Ltd. Vs. ICICI Anr. , (2018) 1 SCC 407, with respect to debt and default is applicable to the facts of this case. 7. It is significant to mention that the Adjudicating Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the stakeholders. The term employee in general parlance refers to a person, who is hired by the employer to perform a particular job and is entitled to a specific wage or salary. Section 3(36) of the Code states that the term workmen shall have the same meaning as provided under Section 2(s) of the Industrial Disputes Act, 1947. For the purpose of the Code, the term workmen dues has to be interpreted in terms of explanation to Section 326 of the Companies Act, 2013. As per the definition incorporated therein, the dues would cover wages and salary, accrued holiday remuneration, workmen compensation, and all sums due from Provident Fund, Pension, Gratuity Fund or any other fund for the welfare of the workmen, maintained by the employ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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