Jet engineers reach SC against resolution plan | Jobs Vox

The petition, filed by the Jet Aircraft Maintenance Engineers Welfare Association (JAMEWA), said, “The timelines for making payments under the provisions of the Code have not been adhered to.”

JAMEWA is a registered association of Aircraft Maintenance Engineers of Jet Airways. Mint has seen a copy of the petition.

The National Company Law Tribunal (NCLT) approved the Jalan Kalrock consortium’s resolution plan for Jet Airways in June 2021 to rescue the airline. The consortium had clarified to the NCLT that it has no plans to hire existing experienced employees who have been waiting for more than three-and-a-half years for the company to revive.

“Neither they are giving us retrenchment allowance nor gratuity for serving up to 25 years. This is a blatant disregard of the laws of the country. The scheme benefits only the potential buyers. The employees along with their dues are being transferred to Airjet Ground Services Limited (AGSL), a subsidiary company, which exists only on paper, is non-existent and does not have any assets,” informed the lawsuit. said a person. The union has reserved the right to terminate it at its own will, in which case the dues of the employees will automatically clear. The person cited above said, “If the Sankalp scheme survives, it will set a bad precedent in the country.” Will be established The plan should be set aside.”

“Anyway, the SRA (the successful resolution applicant Jalan Kalrock Consortium) has defaulted on its payment deadline of November 2022 to pay the employees as per the approved resolution plan; Hence, the SC appeal,” the person said.

“The National Company Law Appellate Tribunal (NCLAT) on October 21 ordered the Jet Airways resolution monitoring committee to calculate the dues of workers and employees within a month and inform the Jalan-Kalrock consortium. Total outstanding is expected to be approx. 250 crores, but the order has not been complied with,” the petition said.

“The NCLAT order has categorically clarified that the consortium is liable to pay unpaid provident fund and gratuity dues to the workmen and employees. Non-payment of such dues would certainly render the Consortium liable for contempt proceedings under the IBC and the Companies Act. However, it is to be noted that the Consortium itself has recourse at law against the said order of NCLAT. They have till January 1, 2023 to pay workers and employees. Meanwhile, the consortium may approach the Supreme Court for at least a temporary stay on its obligations to make the payment. In fact, this will delay the recovery of dues of workers and employees, which are already in limbo for a long time”, said Kundan Shahi, Co-Founder & CEO, LegalPay.

Separately, Akhil Bhartiya Kamgar Sena on Thursday moved NCLAT seeking clarity on payment of PF and gratuity dues of October 21 to NCLAT employees who have either retired or resigned after the insolvency commencement date Huh.