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TMI Blog2023 (12) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... orporate Debtor. The Resolution Plan has dealt with claim as admitted by Resolution Professional and reflected in the Information Memorandum. The claim filed by the Operational Creditor in Form B has been dealt with in accordance with the IBC and CIRP Regulation and the claim which was filed by the Operational Creditor cannot be transposed to be claim of workmen for the purpose of this Appeal. The issue raised by the Counsel for the Appellant that workers employed by sub-contractor are also workers of the Corporate Debtor need no answer in this Appeal since the question is as to treatment of the claim which was submitted in the CIRP of the Corporate Debtor and admitted by the Resolution Professional. The submission which has been advanced by Counsel for the Appellant that due to the workers of sub-contractor being not aware of the CIRP could not file their claim cannot be considered at the stage when all claims have been collated and admitted and dealt with in the Resolution Plan. Challenge in this Appeal is to the order of the Adjudicating Authority approving the Resolution Plan - there is no infirmity in the Resolution Plan giving different treatment to the workmen dues and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... workers who are engaged through sub-contractor, both having been performing same duties are entitled for same emoluments. It was due to inadvertence that claims were submitted in Form-B instead of Form D or E which was inconsequential. If Section 3(36) of the IBC read with Section 2(s) of the Industrial Dispute Act, 1947, the regulation does not make any difference between workers and sub-contracted workers. Appellants are also stakeholders and a harmonious interpretation of the statute needs to be given to extend benefit to the sub-contracted workers also. Statutory dues of the Appellants cannot be forsaken in the Resolution Plan. 6. Shri Krishnendu Datta, Learned Senior Counsel appearing for the Respondents submits that the Appellants have no right to challenge the approval of the Resolution Plan. Appellants were not even stakeholders in the CIRP of the Corporate Debtor. The claims of workmen of the Corporate Debtor were filed and admitted by Resolution Professional whereas claims were filed by the sub-contractor themselves as operational debt. Learned Counsel for the Respondents has referred to copy of the claims submitted by sub-contractors which has been brought on record ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Solitaire Corporate Park, Andheri Kuria Road, Andheri East, Mumbai Maharashtra- 400 093 Email id: [email protected] From SUKHWINDER SINGH Adityapur, Jamshedpur-831013 SUBJECT: SUBMISSION OF PROOF OF CLAIM Sir, I/We, SUKHWINDER SINGH, hereby submit this proof of claim in respect of the corporate insolvency resolution process in the case of JMT AUTO Limited. The details for the same are set out below:- PARTICULARS 1. Name of Operational Creditor Sukhwinder Sigh 2. Identification Number of Operational Creditor (If an incorporated body provide identification number and proof of incorporation. If a partnership or individual provide identification records* of all the partners or the individual PAN No. AWJPS5300E AADHAR No. 54102441 7395 GST No. : NO Vender No. : 230191 3. Address and email address of Operational Creditor for correspondence Adityapur, JAMSHEDPUR- 831013 [email protected] 4. Total Amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any claim before the Resolution Professional claiming to be workmen cannot be allowed to contend at this stage that they are workmen and they should be paid at par with the workmen of the Corporate Debtor for amount which was admitted in the CIRP by the Resolution Professional. 10. Learned Counsel for the Appellant has contended that there is no difference in the work of workers who are engaged by sub-contractor and workmen who are engaged directly by the Corporate Debtor and both are workmen within the definition of workmen as defined in Section 2(s) of the Industrial Dispute Act. Section 2(s) of the Industrial Dispute Act is as follows:- 2. Definitions.- xxx xxx xxx (s) workman means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,68,39,69,450 168,36,81,352 1,11,24,40,394 66% 2. Operational Creditors (Government Dues) 43,21,78,653 18,72,42,052 8,22,90,131 19% 3. Operational Creditors (Employees) 9,41,16,803 9,27,71,650 1,41,17,535 15% 4. Operational Creditors (Workmen) 1,02,39,732 1,02,24,742 1,02,39,732 100% 5. Operational Creditors (other than Workmen, Employees and Government Dues) 26,10,54,063 23,38,13,932 2,12,74,408 8% 6. Other Debt and Dues 96,37,800 - TOTAL 2,48,15,58,701 2,20,77,33,728 125,00,00,000 50% ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry percentage as financial creditors. So long as the provisions of the Code and the Regulations have been met, it is the commercial wisdom of the requisite majority of the Committee of Creditors which is to negotiate and accept a resolution plan, which may involve differential payment to different classes of creditors, together with negotiating with a prospective resolution applicant for better or different terms which may also involve differences in distribution of amounts between different classes of creditors. 90. Under Regulation 39(4), the compliance certificate of the resolution professional as to the CIRP being successful is contained in Form H to the Regulations. This statutory form, in Paras 6 and 7, states as under: 6. The Resolution Plan includes a statement under Regulation 38(1-A) of the CIRP Regulations as to how it has dealt with the interests of all stakeholders in compliance with the Code and Regulations made thereunder. 7. The amounts provided for the stakeholders under the Resolution Plan are as under: (Amount in Rs lakh) Sl. No. Category of stakeholder [ If there are sub-categories in a category, ple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The reason why by was used instead of in appears to be to ensure that if a person has been employed to do the work of the industry, whether the work is done inside the factory or outside the factory he will get the benefit of the Standing Orders. 17. In the present Appeal, the claim which was filed through sub-contractor cannot be treated as workmen of the Corporate Debtor. The Resolution Plan has dealt with claim as admitted by Resolution Professional and reflected in the Information Memorandum. The claim filed by the Operational Creditor in Form B has been dealt with in accordance with the IBC and CIRP Regulation and the claim which was filed by the Operational Creditor cannot be transposed to be claim of workmen for the purpose of this Appeal. 18. We, thus, are of the view that the issue raised by the Counsel for the Appellant that workers employed by sub-contractor are also workers of the Corporate Debtor need no answer in this Appeal since the question is as to treatment of the claim which was submitted in the CIRP of the Corporate Debtor and admitted by the Resolution Professional. 19. The submission which has been advanced by Counsel for the Appellant that du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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