Petitioner, an office assistant facing salary arrears during corporate insolvency resolution, filed a writ seeking direction to settle dues before tribunal liquidation. Court held the remedy lies before the tribunal, dismissing the writ as not maintainable.
Writ petition dismissed as not maintainable; no costs.
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W.P(MD)No.22878 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2022 CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P(MD)No.22878 of 2021 and WMP(MD)No.19355 of 2021
M.Mohan Raj
... Petitioner vs.
At Nagercoil, Kanyakumari District
Tamilnadu State.
Kerala State-682021.
M/s.Sree Bhadra Parks & Resorts Ltd,, (under CIRP) 37/1736E, Kripasagaram, K.Murali Road, Kadavanthara, Ernakulam,
Kerala State -682020.
Managing Director, M/s.Sree Bhadra Parks & Resorts Ltd., Baywatch,
Kanyakumari
Kanyakumari District. ... Respondents
Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, seeking direction to the 2nd and 3rd respondents to direct the creditors of the Company to contribute settle salary dues and other Government dues of petitioner before taking the decision of liquidating the Company M/s.Sree Bhadra Parks & Resorts Ltd.
For Petitioner : Mr.A.Joseph Jerry For R1 : Mr.S.R.A.Ramachandran Additional Government Pleader
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W.P(MD)No.22878 of 2021
ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA, J. )
The petitioner has been working as Office Assistant in M/s.Sree Bhadra Parks & Resorts Ltd., Thrissur, from 2002. One M/s.Sri Ramani Resorts & Hotels Pvt Ltd., filed an application before the National Company Law Tribunal, the 2 nd respondent, to settle the Corporate Insolvency Resolution Process against the employer of the petitioner, on the ground of default in making payment of more than Rs.4.25 Crores. The 3 rd respondent herein has been appointed as Interim Resolution Professional to carry out the functions mentioned under the Insolvency and Bankruptcy Code.
2. The petitioner's only grievance is that for him and another 70 employees rightful salary dues were not given. Even the ESI dues are outstanding, because of which, they are even denied access to ESI Hospital facilities. It is contended that no notice of closure, retrenchment or compensation or layoff wages was issued by the employer. Since the 3 rd respondent has been appointed as a Resolution Professional, the apprehension of the petitioner is that he should be paid his salary on priority basis.
3. When the petitioner is well aware of the proceedings pending before the National Company Law Tribunal and the Interim Resolution Professional has already been appointed, he can take out an appropriate application as he may be advised, before the National Company Law Tribunal, claiming his dues. He cannot invoke Article 226 of the Constitution and seek a direction to settle his salary dues and other Government dues by the employer.
4. In view of the above, the Writ Petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is closed.
bala
To
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W.P(MD)No.22878 of 2021
+1 CC to M/s.SPL GP ( SR-214[F] dated 04/01/2022 )
W.P(MD)No.22878 of 2021 DATED : 03.01.2022
NSN(CO) KB(19.01.2022) 3P 4C
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1 issue framed by the court
Whether a workman can invoke Article 226 to direct salary dues settlement before the Insolvency and Bankruptcy Code tribunal when the会社の proceedings are pending.
M.Mohan Raj
The District Collector, The Collectorate, At Nagercoil, Kanyakumari District Tamilnadu State
National Company Law Tribunal, Represented by Assistant Registrar, Company Law Bhavan, BFC Road, Thrikkakara, Kakkanad, Kochi, Kerala State-682021
Mr.K.Parameswaran Nair, Resolution Professional, M/s.Sree Bhadra Parks & Resorts Ltd
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
