Yogen Vaman Vemekar & Ors. Vs Satish Kumar Gupta & Ors. (NCLT Mumbai)
Material Facts
The applicants, comprising one authorised representative and 99 other individuals, filed an application under Section 60(5)(b) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the National Company Law Tribunal Rules, 2016. They sought recognition as “workmen” under Section 53(1)(b) read with Section 3(36) of the Code, admission of their claims in the liquidation of Jet Airways (India) Limited, parity with other workmen of the Corporate Debtor, directions to the Liquidator to verify and admit their claims, disclosure of auctioned assets, and restraint on distribution of liquidation proceeds pending adjudication.
The applicants were employees of Jet Lite (India) Limited, a wholly owned subsidiary of Jet Airways (India) Limited. They contended that, pursuant to secondment orders issued in 2008, they worked under the direct supervision, control and management of Jet Airways until cessation of operations in 2019 and that their employment-related dues remained unpaid. They further relied upon bank statements showing salary credits from Jet Airways and asserted that their claims had been rejected during CIRP and again during liquidation on the ground that they were employees of Jet Lite and not Jet Airways.
