NATIONAL COMPANY LAW TRIBUNAL
Mohan P. Tiwari, J, Sanjeev Sharma, T
K R Murthy – Appellant
Versus
Rajesh Jhunjhunwala Liquidator of Siddharth Tubes Ltd – Respondent
| Table of Content |
|---|
| 1. application filed by employees regarding non-acceptance of claims. (Para 1 , 2 , 3 , 4 , 5) |
| 2. claims made for gratuity and provident fund during liquidation. (Para 6 , 7 , 8 , 9) |
| 3. jurisdictional authority to adjudicate the application's maintainability. (Para 20 , 21) |
| 4. court confirms rights of employees to gratuity and provident fund apart from liquidation assets. (Para 26 , 29 , 30 , 34) |
ORDER
1. The present Application has been filed by Shri K.R. Murthy, in his capacity as a representative of 131 workmen and ex-employees of the Corporate Debtor, namely Siddhartha Tubes Limited, challenging the action of the Respondent/Liquidator in not accepting the claims towards Gratuity and Provident Fund of the said ex-employees.
Facts of the Case:
2. It is stated that the Corporate Debtor was admitted into Corporate Insolvency Resolution Process in CP (IB) No. 67/AHM/7/2018, and thereafter an order of liquidation came to be passed. Upon commencement of liquidation, the Respondent was appointed as the Liquidator of the Corporate Debtor and entrusted with the control of its assets and liabilities in accordance with the provisions of the Insolvency and Bankruptcy Code, 2016 .
3
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