Unitech Machines Karamchari Sangh Vs Vivek Raheja (NCLAT Delhi)
NCLAT Delhi held that claim of wages and salaries after the issuance of the layoff notice rightly rejected since the appellant workmen due to issuance of the layoff notice has not worked after issuance of this layoff notice. Accordingly, appeal dismissed.
Facts- The instant appeal has been preferred by the appellant employee’s union under Section 61(1) of the IBC being aggrieved by the impugned order passed by the Tribunal of date 06.10.2023, whereby the IA moved by the appellant employee union was dismissed. Notably, the appellant in its appeal has stated its case as that the appellant were the workmen of the United Machines Ltd. (CD) who had undergone insolvency vide order dated 01.03.2019 of Ld. Tribunal passed with regard to the application moved by the financial creditor under Section 7 of the IBC, 2016.
The appellant union had moved an application on 21.07.2019 before the Ld. NCLT under Section 60(5) of the IBC, 2016 for issuing directions to the Resolution Professional for releasing salaries/wages/ statutory dues of the workmen of the CD and the resolution professional of the CD has released salaries and dues up to March, 2020 but neither the provident fund for four months prior to CIRP nor gratuity was cleared.
