https://www.taxtmi.com/caselaws?id=422233 Unpaid claims for gratuity, leave travel concession and leave encashment were held not to constitute a sufficient basis for initiating CIRP under the Insolvency and Bankruptcy Code, even though employment-related claims may be dealt with in the insolvency process under the regulations. The Tribunal distinguished retiral and welfare dues from operational debt for the purpose of insolvency initiation and treated non-payment of such benefits as insufficient, by itself, to trigger the Code. The separate dispute over interest on gratuity, where the principal amount had already been paid, was held to fall outside insolvency jurisdiction and to lie before the competent forum under the gratuity law. en-us Tue, 10 May 2022 00:00:00 +0530 Thu, 12 May 2022 08:43:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=422233 Unpaid claims for gratuity, leave travel concession and leave encashment were held not to constitute a sufficient basis for initiating CIRP under the Insolvency and Bankruptcy Code, even though employment-related claims may be dealt with in the insolvency process under the regulations. The Tribunal distinguished retiral and welfare dues from operational debt for the purpose of insolvency initiation and treated non-payment of such benefits as insufficient, by itself, to trigger the Code. The separate dispute over interest on gratuity, where the principal amount had already been paid, was held to fall outside insolvency jurisdiction and to lie before the competent forum under the gratuity law. Case-Laws Insolvency and Bankruptcy Tue, 10 May 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=422233