2024 (8) TMI 101

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....e ) Justice Sharad Kumar Sharma , Member ( Judicial ) : Company Appeal ( AT ) ( CH ) ( INS ) Nos. 230 & 231 / 2024 : 1. As these two Company Appeals are based on almost the same questions of facts and Law, for the purposes of brevity, they are being decided together. 2. The Company Appeal (AT) (CH) (INS) No. 230 / 2024, where the Appellant challenges the impugned judgment dated 09.05.2024, it pertains to invoking of an Appellate Jurisdiction, under Section 42 of the I & B Code, 2016, praying for a direction to the Respondents to pay the wages due as per the orders passed by the learned Labour Court in ID No. 51 / 2014. 3. Whereas in Company Appeal (AT) (CH) (INS) No. 231 / 2024, the Appellant has put a challenge to the impugn....

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..... 13 / 2022, by invoking the provisions contained under Section 33(c)(2) of the Industrial Disputes Act, which stood allowed, with a direction to pay an amount of Rs.47,47,021/-, along with interest payable on it at the rate of 9%, for the period running from 01.12.2012 to 31.03.2022. 8. During the intervening period, when the Appellant was contesting the proceedings, before the learned Labour Court, as against his order of dismissal, his employer was brought under Liquidation by the NCLT, Chennai Bench, by way of an order dated 17.02.2022, and as a consequence thereto, when by way of notice of 22.02.2022, when the claims were invited, the Appellant submitted his claim by way of Form II, on 09.03.2022. 9. The claim, thus raised by the....

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....nd particularly, the claim raised by the Appellant in the context of the reliefs sought for, for payment of wages and on the basis of other orders passed by the Labour Court in ID No. 51 / 2014 as decided on 25.10.2018 in CP No. 13 / 2022 dated 20.06.2022. 15. The learned Adjudicating Authority considered the aspect of the claims as raised by the Appellant in the appeal under Section 42, rejection of the claims of the Appellant by the Liquidator apart from the claim admitted to the tune of Rs.32,62,132/- and finally rejected the same on the ground that the Appeal preferred by the Appellant under Section 42 of the I & B Code, 2016, was barred by Limitation, since having been preferred belatedly, after the lapse of about 466 days in filing....