SUNIL KUMAR JAIN Vs. SUNDARESH BHATT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order dtd. 31/5/2019 passed by the National Company Law Appellate Tribunal, New Delhi (hereinafter referred to as the 'Appellate Tribunal') in Company Appeal (AT) (Insolvency) No. 605 of 2019, by which the Appellate Tribunal has dismissed the said appeal preferred by the appellants herein - workmen/employees of M/s ABG Shipyard Limited (hereinafter referred to as the 'Corporate Debtor'), working at Dahej and Mumbai, which was filed against the order passed by the National Company Law Tribunal, Ahmedabad Bench, Ahmedabad (hereinafter referred to as the 'Adjudicating Authority') dtd. 25/4/2019 not granting any relief to them with regard to their claim relating to salary, which they claimed for the period involving 'Corporate Insolvency Resolution Process' (hereinafter referred to as the 'CIRP') and the prior period, original applicants - workers/employees have preferred the present appeal.

(2.) That the Corporate Debtor was a private sector Ship Building Yard with its manufacturing activities at Dahej Yard and Surat Yard in Gujarat and having its corporate office at Mumbai. That prior to the initiation of CIRP, the Corporate Debtor had 562 workmen and 93 employees at Dahej; 291 workmen and 99 employees at Surat and 101 employees at its Mumbai Head Office. The appellants herein are the 272 employees and workmen employed at Mumbai Head Office and Dahej Yard of the Corporate Debtor. None of the 201 employees and workmen at Surat Yard are the appellants herein.

(3.) Vide its order dtd. 1/8/2017, the Adjudicating Authority admitted an application under Sec. 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the 'IBC Code') and the CIRP was initiated. The Adjudicating Authority also appointed the Interim Resolution Professional of the Corporate Debtor who was thereafter confirmed as the Resolution Professional (for short, 'RP') by the Committee of Creditors (for short, 'COC') of the Corporate Debtor on 7/9/2017. First meeting of the COC was held on 4/9/2017.