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TMI Blog2023 (6) TMI 957X X X X Extracts X X X X X X X X Extracts X X X X ..... ET AIRCRAFT MAINTENANCE ENGINEERS WELFARE ASSOCIATION VERSUS ASHISH CHHAWCHHARIA RESOLUTION PROFESSIONAL OF JET AIRWAYS (INDIA) LTD. ORS; ASSOCIATION OF AGGRIEVED WORKMEN OF JET AIRWAYS (INDIA) LTD. VERSUS JET AIRWAYS (INDIA) LTD. ORS. [ 2022 (11) TMI 332 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI] , a clear direction was given to the Successful Resolution Applicant to make payment of the admitted Claims towards Provident Fund dues and the same was upheld by the Hon ble Apex Court in JALAN FRITSCH CONSORTIUM VERSUS REGIONAL PROVIDENT FUND COMMISSIONER ANR. [ 2023 (3) TMI 223 - SUPREME COURT] . The Hon ble Apex Court has laid down that the share of workmen dues shall be kept outside the Liquidation assets and the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... %. It is submitted by the Learned Counsel for the Appellant that the RP had classified them as 'Operational Creditors' without approving the Notice of the Adjudicating Authority based on the ratio laid down by this Tribunal in the matter of 'Jet Aircraft Maintenance Engineers Welfare Association Vs Ashish Chhawchharia, Resolution Professional of Jet Airways (India) Ltd. & Ors.' reported in Company Appeal (AT) (CH) (Ins) No. 752/2021 which relied upon the Apex Court Judgment in the matter of 'Sunil Kumar Jain vs Sundaresh Bhatt', reported in Civil Appeal No. 407/2023, dated 30/01/2023. 2. Initially, the Claim Petition under Form F was filed for Rs. 23,74,92,674/- (Rupees Twenty Three Crores Seventy Four Lakhs Ninety Two Thousand Six Hundred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sional. List of Creditors mentions the admitted amount of the Appellant. The Appellant has filed his claim in Form B, which Form B is at page 102 to 104 of the Appeal. The Appellant's claim was not in the nature of workmen dues. The claim was also with regard to damages imposed under Section 14B of the 1952 Act. The Appellant was treated as Operational Creditor by the Resolution Professional, hence, the Appellant was allocated a fixed amount of Rs.15,000/- which was allocated to all Operational Creditors except the workmen. 118. Challenge to the Resolution Plan by the Appellant is on the ground that Section 11 of the 1952 Act requires priority over all other dues and further Section 36(4)(a)(iii) excludes provident fund dues from the liqu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oyer appearing in sub-section (2) of Section 11 also covers the amount determined under Section 14B and there cannot be any quarrel to the preposition as laid down by the Hon'ble Supreme Court in the above case. The priority for payment of debt under Section 11 of the 1952 Act has to be looked into in view of the mechanism which is specifically provided under Section 53(1) of the Code. We have already dealt the provision of Section 36(4)(a)(iii) of the Code and held that provident fund dues are not subject to distribution under Section 53(1) of the Code. The issue is fully covered by three member bench judgment of this Tribunal in "Tourism Finance Corporation of India Ltd. vs. Rainbow Papers Ltd. & Ors." (Supra). In view of foregoing discus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arnest view that both Provident Fund and Gratuity Fund is to be paid in full as per the Provisions of 'EPF and NP Act, 1952' and 'Payment of Gratuity Act, 1972'. This Tribunal in the matter of 'Mrs. C.G. Vijayalakshmi Vs. Shri. Kumar Rajan, Resolution Professional of Hindustan Newsprint Limited (Corporate Debtor) & Ors. and Batch matters', in Company Appeal (AT) (Ins) No. 29, 44, 56 to 58 & 62 to 86 of 2021, while allowing the Appeals of the same Corporate Debtor and dealing with the same issue has observed as follows: "…..Since admittedly the amounts paid are only 35.13% having treated them as 'Secured Creditors', we are of the considered view that indeed there was a violation of the provisions of Section 30(2) of the Code, with r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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