C.P. 3638 OF 2018

Under Rule 11 of NCLT Rules 2016

Pradeep Puri …Applicant

V/s

The Union of India

… Respondent In the matter of

C.P. No. 3638/MB/2018

Union of India

…Petitioner

V/s.

Infrastructure Leasing & Financial

Services Limited & others

... Respondents

Order delivered on: 10.04.2024

Coram:

Shri Prabhat Kumar Justice Shri V.G. Bisht

Hon’ble Member (Technical) Hon’ble Member (Judicial)

Appearances:

For the Applicant : None

For the CMA : Mr. Shwetank Nigam,

Advocate

CP 3638/2018

ORDER

Per: Prabhat Kumar, Member (Technical)

1. This Company Application CA 338/2023 is filed by Mr. Rajesh Davuleri & others in the Company Petition (IB) No. 3638 of 2018 ("Petition") seeking an order from this Tribunal seeking directions to consider the Applicants as employees of ITNL and grant them an opportunity to participate in the Resolution Process and issue directions to the Respondent to reconsider the claim of Rs. 317,39,268/- (Rupees Three Crore Seventeen Lakh Thirty-Nine Thousand Two Hundred and Sixty- Eight only) filed by the Applicants under FORM-E dated 13.06.2018 to provide the relief to the Applicants on their question of survival.

2. That Applicants i.e. a group of 36 expatriate employees were appointed as employees of IL&FS Transportation Networks India Limited (ITNL) and ESLAMEX Group Joint Venture (JV) for a project in Addis, Ethopia.

2.1. That ITNL Terminated the Applicants from their employment without any prior notice and have not paid due salaries of the Applicant, citing the reason of financial crisis.

2.2. That the Applicants at the time of employment and even after employment constantly requested to make payment of their unpaid salary. However, ITNL failed to provide any positive response and stated that, the payment of unpaid salary was delayed due to want of some necessary clearances at their end.

2.3. Thereafter, the ITNL sent an email confirming the payment of unpaid salaries of the Applicant within two days. Further, the board appointed salaries have been verified by the restructuring experts "Alvarez &

CP 3638/2018 Marsal" and have also been recommended for release of payment vide email communication.

2.4. The Applicants have complied with the request of ITNL for submitting of salary calculations summary sheet vide email communication.

2.5. That ITNL at several occasion has ensured the part payment of unpaid salaries and also shared the tax opinion pertaining to their payment of salaries vide email communication.

2.6. That, due to constant lag on part of ITNL, the Applicants requested ITNL to confirm the salary balances and pay off the unpaid salary within 30 days' time, to which ITNL responded to remove the 30 days' time- frame from template with the promise of payment of unpaid salaries within such time.

2.7. Thereafter, ITNL agreed to pay the unpaid salary once the Applicants come back to India vide email communication. However, ITNL failed to fulfil the promise and completely disregarded and abandoned their obligations.

2.8. That pursuant thereof, ITNL Demanded three declarations to be signed by the Applicants for the release of part payment of salary and the declarations were drafted in such a manner that they were paying amount equal to the unpaid salaries of the Applicants up to August, 2018 and were termed an ex-gratia' payment.

2.9. Further, ITNL refused to release any payment without the signatures of the Applicants vide email communication. Therefore, the Applicants signed the first declaration.

2.10. Thereafter, the Applicants signed the second declaration, confirming identity, tax and banking information. Upon signing of such declarations, there was no release of the due payments of salary.

2.11. That the Applicants have unwillingly signed the declaration for payment of the part salary to get the temporary relief from the financial difficulties caused due to non-payment of salary for more than a year.

2.12. Further, the unprofessional conduct of ITNL resulted in the prosecution, illegal confinements, and imprisonment of Applicants CP 363