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Calcutta High Court (Appellete Side)

Burn Standard Company Limited vs Workmen Of M/S. Burn Standard Company ... on 29 August, 2019

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

                                                   1

    20                  IN THE HIGH COURT AT CALCUTTA
29.08.2019

CONSTITUTIONAL WRIT JURISDICTION ct.9 sb.

APPELLATE SIDE WP 2572 (W) of 2009 Burn Standard Company Limited Vs Workmen of M/s. Burn Standard Company Limited & Ors.

Mr. Soumya Majumdar Mr. Victor Chatterjee ... For the petitioner.

Pursuant to the previous direction the advocate for the petitioner produces three orders which are as follows:-

i) Order dated 6th March, 2018 passed in C.P.(IB) No.244/KB/2017 & C.A. No.170/KB/2018 by the National Company Law Tribunal, Kolkata Bench, Kolkata;

ii) Order dated 13th May, 2019 passed by National Company Law Appellate Tribunal, New Delhi in Company Appeal (AT) (Insolvency) No.141 of 2018, wherein the order dated 6th March, 2018, was under

challenge;

iii) Order dated 15th July, 2019, passed by the 2 Hon'ble Supreme Court of India in Civil Appeal No(s) 5251-5254/2019, wherein the judgment and order dated 13th May, 2019 was the subject matter.

After perusing the order dated 15th July, 2019 of the Hon'ble Supreme Court of India, it appears that the Hon'ble Supreme Court has made it clear after setting aside the order of the National Company Law Appellate Tribunal that the provisions of the Insolvency and Bankruptcy Code 2016, are not at all attracted. It has been further clarified that the workmen and ex- employees of Burn Standard Company Limited are free to avail such remedies as may be available to them in law.

In the instant case, the company i.e. Burn Standard Company Limited has challenged an Award dated 23rd July, 2008 passed by the learned 9th Industrial Tribunal, West Bengal at Durgapur. Since there is no pending proceedings under the provisions of Insolvency and Bankruptcy Code 2016 and inasmuch as the Hon'ble Supreme Court has clarified that the provision of said Code is not attracted, this writ petition can be heard by this Court.

List this matter on 13th September, 2019 for further consideration.

(Arindam Mukherjee, J.)