BALASORE: The Birla Tyres workers’ union has moved the National Company Law Appellate Tribunal (NCLAT), New Delhi contesting the recent approval of the resolution plan by the Kolkata bench of National Company Law Tribunal (NCLT).
The union, representing 307 workers, had originally filed claims of around Rs 31.47 crore for settlement of pending wages. However, the resolution professional (RP) approved Rs 2.67 crore, which is merely 8.48 per cent of the total claim.General secretary of the union Dillip Panda said the arbitrary rejection of claims of 191 contractual workers, despite a directive from the industrial tribunal, is nothing but injustice.
In the appeal, the union raised questions about the RP’s adherence to the Contract Labour Recognition and Abolition Act, which mandates the principal employer’s responsibility for claims of contractual workmen.
“There is no logic behind the payments to workers, with some receiving as little as Rs 3, Rs 36 and Rs 60 without justification. The RP’s acknowledgment of non-payment of remuneration to workers for almost two years, as indicated in a letter to the superintendent of police, contradicts the initial admission of Rs 2.6 crore as the claimed amount,” Panda pointed out.
The union has contended that the resolution plan’s approval by the Kolkata bench of NCLT appears to contravene the conditions of section 30 (2), (3), and (4) of the Insolvency and Bankruptcy Code (IBC). It has sought a thorough re-evaluation of the resolution plan to ensure equitable treatment and justice for Birla Tyres workers.Appellant’s counsel Akash Sharma said the NCLAT has admitted the appeal and the next date of hearing is January 9.