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Yogesh Kumar & Ors vs Shantanu T. Ray, Resolution ...

National Company Law Appellate Tribunal30 July 2018

Ratio decidendi

The rule this decision rests on

Where a dispute arises as to whether the appellants are present or former employees of a corporate debtor under insolvency, the question whether they are existing employees is not one that the Adjudicating Authority or the Appellate Tribunal can decide; it is for the Resolution Professional to determine, on the basis of the corporate debtor's records such as payroll and attendance sheets, which employees are to be retained so that the corporate debtor continues as a going concern.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 403 of 2018IN THE MATTER OF:

Yogesh Kumar & Ors. ...Appellants

Vs.

Shantanu T. Ray, Resolution Professional of M/s. AML Steel and Power Ltd. & Ors. ...Respondents

Present: For Appellants: - Mr. Aditya Narayan, Advocate.

ORDER

30.07.2018─ Learned counsel appearing on behalf of the Appellants

submits that the Appellants are employees and they have been wrongly

ousted by the 'Resolution Professional'. It is also submitted that the

'Resolution Professional' is treating them as the ex-employees whereas

the Appellants are the employees on roll and are co-operating with the

'Resolution Professional'

However, as we find that there is a dispute as to whether the

Appellants are the present or ex-employees, we are of the view that such

issue cannot be decided by the Adjudicating Authority or by this

Appellate Tribunal.

The Appellants may approach the 'Resolution Professional' and

bring to his notice any evidence to show that they are existing employee.

Contd/-................

-2-

In such case, taking into consideration the pay roll and attendance sheet,

whatever record is available in the office of the 'Corporate Debtor', the

'Resolution Professional' may decide as to who is the existing employee

from whom work should be taken for ensuring that 'Corporate Debtor'

continues as on-going concern.

The appeal is disposed of with the foresaid observation. No cost.

(Justice S.J. Mukhopadhaya) Chairperson

(Justice Bansi Lal Bhat) Member(Judicial) Ar/uk

Company Appeal (AT) (Insolvency) No. 403 of 2018

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