TaxTMI 
TaxTMI 
2023 (6) TMI 957
X X X X Extracts X X X X
X X X X Extracts X X X X
....IBC)/21/KOB/2021 in TIBA/03/KOB/2019, passed by the National Company Law Tribunal, Kochi Bench, whereby this Application, preferred by the Resolution Professional (RP) was approved. Subsequent to the approval of the Resolution Plan on 29/01/2021, the RP sent an email dated 09/02/2021 informing the Appellant regarding the Admission of their claim only to the extent of 35.13%. It is submitted by the Learned Counsel for the Appellant that the RP had classified them as 'Operational Creditors' without approving the Notice of the Adjudicating Authority based on the ratio laid down by this Tribunal in the matter of 'Jet Aircraft Maintenance Engineers Welfare Association Vs Ashish Chhawchharia, Resolution Professional of Jet Airways (India) Ltd. & ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Rs.24,40,65,594/- towards damages under Section 14B of Employees' Provident Funds & Miscellaneous Provisions Act 1952, as per the order dated 17.10.2018. It is further mentioned that interest under Section 7Q was also levied of Rs.12,85,92,763/-, which amount was paid by the establishment. The amount which was claimed by the Appellant was fully admitted by the Resolution Professional. List of Creditors mentions the admitted amount of the Appellant. The Appellant has filed his claim in Form B, which Form B is at page 102 to 104 of the Appeal. The Appellant's claim was not in the nature of workmen dues. The claim was also with regard to damages imposed under Section 14B of the 1952 Act. The Appellant was treated as Operational Creditor by....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... any amount payable by the employer becomes due and the same is not paid within the stipulated time, then the employer is required to pay interest in terms of the mandate of Section 7Q. Likewise, default on the employer's part to pay any contribution to the Fund can visit him with the consequence of levy of damages." 119. The above judgment lays down that any amount due from employer appearing in sub-section (2) of Section 11 also covers the amount determined under Section 14B and there cannot be any quarrel to the preposition as laid down by the Hon'ble Supreme Court in the above case. The priority for payment of debt under Section 11 of the 1952 Act has to be looked into in view of the mechanism which is specifically provided....
X X X X Extracts X X X X
X X X X Extracts X X X X
....mean that the workmen and empolyees are not entitled for Provident fund, Gratuity Fund, Pension fund, if not available with the Liquidator. As ratio of the Judgement in 'Jet Aircraft Maintenance Engineers Welfare Association Vs. Ashish Chhawchharia, Resolution Professional of Jet Airways (India) Ltd. & Ors. (Supra) of this Tribunal was upheld by the Hon'ble Apex Court, this Tribunal is of the earnest view that both Provident Fund and Gratuity Fund is to be paid in full as per the Provisions of 'EPF and NP Act, 1952' and 'Payment of Gratuity Act, 1972'. This Tribunal in the matter of 'Mrs. C.G. Vijayalakshmi Vs. Shri. Kumar Rajan, Resolution Professional of Hindustan Newsprint Limited (Corporate Debtor) & Ors. and Batch matters', in Company ....