Jet Aircraft Maintenance Engineers Welfare Association Vs Ashish Chhawchharia (NCLAT Delhi)
NCLAT Delhi held that personal liability cannot be fastened on Resolution Professional for any payment made after CIRP, where such payment is made with the approval of CoC. Thus, resolution professional not liable for making lumpsum payment to employees working in Asset Preservation Team during CIRP of Jet Airways.
Facts- Corporate Insolvency Resolution Process against the Corporate Debtor Jet Airways (India) Ltd. commenced by order dated 20.06.2019. Operations of Jet Airways were stopped since April 2019. Claims were filed by the workmen, employees and other stake holders.
The Interim Resolution Professional prepared an Asset Preservation Team to ensure various compliances required on behalf of the Corporate Debtor. On the recommendation of the Head of Department of various Department a team was constituted, which also consisted of 103 employees. The 103 employees, who were part of Asset Preservation Team, insisted for some lumpsum payment for working in the Asset Preservation Team. Due to various uncertainties, certain lumpsum payment was made with the approval of Committee of Creditors (“CoC”) to 103 employees. Subsequently, 103 employees also left the Asset Preservation Team.
The Resolution Professional published the third List of Creditors in which claim of 103 employees, several management personnel was reflected as NIL.
