Ahmednagar Forgings Limited through Its Authorised Representative v. Dongare Ganesh D
Case brief
What is this about?
Clean slate doctrine under IBC 2016; extinguishment of claims not included in an approved resolution plan upon approval under S.31(1) IBC; effect of NCLT approval (14.05.2024) on pending S.33-A / S.33(2)(b) Industrial Disputes Act, 1947 proceedings; S.14 moratorium; S.32A IBC immunity; S.238 IBC override; reinstatement and back-wage claims post-resolution; CIRP of Metalyst Forgings Ltd.; Labour Court-II and Industrial Tribunal, Aurangabad; precedents engaged: Electrosteel Steel Ltd. v. Ispat Carrier Pvt. Ltd. (SC, 21.04.2025) and Essar Steel v. Satish Kumar Gupta (2020) 8 SCC 531 (both relied on); Manish Kumar v. Union of India (2021) 5 SCC 1 and Ferro Alloys Corp. v. Presiding Officer, Labour Court, Bhubaneswar (Orissa HC, 29.08.2023) (referred only).
What did the court decide?
Rule made absolute; writ petitions allowed; the impugned order dated 02.07.2025 of the Presiding Officer, Labour Court-II, Aurangabad and the impugned orders dated 21.01.2025 of the Presiding Officer, Industrial Tribunal, Aurangabad quashed and set aside; the pending proceeding stands terminated.