IN THE NATIONAL COMPANY LAW TRIBUNAL DIVISION BENCH, (COURT NO. II), KOLKATA CONTEMPT APPLICATION No. 2 /KB of 2022

In I.A. NO. 1519 OF 2019

In C.P. (I.B.) NO. 1684 OF 2018

IN THE MATTER OF:

JAYANTA BANERJEE.

….. Operational Creditor

-Versus-

INCAB INDUSTRIES LIMITED.

….. Corporate Debtor

And

IN THE MATTER OF:

PROBIR SARKAR AND ANR.

…Applicants

-Versus

PANKAJ KUMAR TIBREWAL, RESOLUTION

PROFESSIONAL OF INCAB INDUSTRIES LIMITED.

…… Respondent/ Contemnor

Date of Pronouncement of order: 18.04.2024

CORAM:

Smt Bidisha Banerjee : Member (Judicial)

Shri D. Arvind : Member (Technical)

Counsel appeared physically / through video Conferencing

ORDER

Per Bidisha Banerjee, Member (Judicial):

1. The Court convened through hybrid mode.

2. Learned Counsels for parties were heard on several occasions.

3. This application has been preferred by 11 applicants claiming themselves as employees and workmen of the Corporate Debtor, Incab industries limited. The applicant no. 1 claims that he is engaged in the accounting activities of the Corporate Debtor, whereas applicant 2 is involved in secretarial work. Similarly applicant 3 is engaged in computer data processing and in the Corporate Debtor, while applicant Nos. 4 and 5 are engaged in Accounts, Provident fund activities, as well as administration activities, of the Corporate Debtor. Applicant Nos. 6 to 10 claim to be the office staff of the Corporate Debtor. Applicant No. 11 a typist. The applicants have jointly prayed for the following reliefs:

a. Direction upon the respondent No. 1 to release a sum of Rs.

5,00,359 /- due and owing to the applicants as on October 31, 2019;

b. Direction upon the respondent No 1 to release interim finance in favour of the applicants along with interest at the rate of 18% per annum on and from August 1, 2019;

c. Direction upon the respondent No 1 to consider and verify the proof of claims lodged by the applicant nos. 1, 3, 4 and 5 and update their names in the List of Creditors of the corporate debtor;

d. Direction upon the Respondent no. 1 to immediately make payment of the outstanding dues of the applicants towards Employees Provident Fund, Employees State Insurance dues and/ or other related taxes;

e. Direction upon the Respondent No. 2 not to take any coercive steps against the Applicants till the pendency of the CIRP in respect of the Corporate Debtor.

f. Ad-interim orders in terms of Prayers above.

4. The applicants contend that by an order dated 17th August, 2019, passed by the Adjudicating Authority the CIRP was initiated in respect of the corporate debtor. The respondent was appointed as resolution professional. That the applicants have been receiving regular telephonic reminder from the Provident Fund Authorities. Respondent No 2 herein, for payment of their contributions since after July 2019. They have been threatened of coercive steps by invoking provision under Section 406 and 409 of the IPC 1860.

5. The applicants further claim that their salaries or wages from part of CIRP costs, and failure to release the same have rendered the applicants unable to contribute towards the Employment Provident Fund. The applicants claim that they are in the employment of the Corporate Debtor, since long and much prior to the insolvency commencement date.

6. The applicants assert that they have been paid their wages and/or remuneration, salary, and bonus, since initiation of the CIRP and although they have been instrumental in running of business of the Corporate Debtor, their fees for the services rendered by them are due and such expenses directly relate to the CIRP and necessary for the insolvency process. Hence they are entitled to be paid out of disbursal of interim finance from the interim resolution professional. The applicants claim that the total dues of the workers and employees are Rs. 5,00,359 /- as on 31^st October 2019.

7. Learned Counsel Ms. Urmila Chakraborty appearing for the applicants, in support of their claim would take us through the following documents:

a. Pages 10 to 11 of the rejoi