Mohan Raj M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2022 CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN and WMP(MD)No.19355 of 2021 M.Mohan Raj ... Petitioner vs.
1) The District Collector, The Collectorate, At Nagercoil, Kanyakumari District Tamilnadu State.
2) National Company Law Tribunal, Represented by Assistant Registrar, Company Law Bhavan, BFC Road, Thrikkakara, Kakkanad, Kochi, Kerala State-682021.
3) Mr.K.Parameswaran Nair, Resolution Professional, M/s.Sree Bhadra Parks & Resorts Ltd,, (under CIRP) 37/1736E, Kripasagaram, K.Murali Road, Kadavanthara, Ernakulam, Kerala State -682020.
4) K.N.Narayanan Namboothirippad, Managing Director, M/s.Sree Bhadra Parks & Resorts Ltd., Baywatch, Kanyakumari Kanyakumari District.
... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, seeking direction to the 2nd and 3rd respondents to direct the creditors of the Company to contribute settle salary dues and other Government dues of petitioner before taking the decision of liquidating the Company M/s.Sree Bhadra Parks & Resorts Ltd.
For Petitioner : Mr.A.Joseph Jerry For R1 : Mr.S.R.A.Ramachandran Additional Government Pleader 1/3
ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The petitioner has been working as Office Assistant in M/s.Sree Bhadra Parks & Resorts Ltd., Thrissur, from 2002. One M/s.Sri Ramani Resorts & Hotels Pvt Ltd., filed an application before the National Company Law Tribunal, the 2nd respondent, to settle the Corporate Insolvency Resolution Process against the employer of the petitioner, on the ground of default in making payment of more than Rs.4.25 Crores. The 3rd respondent herein has been appointed as Interim Resolution Professional to carry out the functions mentioned under the Insolvency and Bankruptcy Code. 2.
The petitioner's only grievance is that for him and another 70 employees rightful salary dues were not given. Even the ESI dues are outstanding, because of which, they are even denied access to ESI Hospital facilities. It is contended that no notice of closure, retrenchment or compensation or layoff wages was issued by the employer. Since the 3rd respondent has been appointed as a Resolution Professional, the apprehension of the petitioner is that he should be paid his salary on priority basis. 3.
When the petitioner is well aware of the proceedings pending before the National Company Law Tribunal and the Interim Resolution Professional has already been appointed, he can take out an appropriate application as he may be advised, before the National Company Law Tribunal, claiming his dues. He cannot invoke Article 226 of the Constitution and seek a direction to settle his salary dues and other Government dues by the employer. 4.
In view of the above, the Writ Petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) bala To 2/3
1) The District Collector, The Collectorate, At Nagercoil, Kanyakumari District Tamilnadu State.
2) The Assistant Registrar, National Company Law Tribunal, Company Law Bhavan, BFC Road, Thrikkakara, Kakkanad, Kochi, Kerala State-682021.
+1 CC to M/s.SPL GP ( SR-214[F] dated 04/01/2022 ) DATED : 03.01.2022 NSN(CO) KB(19.01.2022) 3P 4C 3/3