IBC and Industrial Disputes Act operate in different spheres: NCLT Kolkata Bench

IBC and Industrial Disputes Act operate in different spheres: NCLT Kolkata Bench

  • Case Name: Suresh Narayan Singh Vs. Anish Agarwal, RP of Tayo Rolls Ltd.

The NCLT Kolkata Bench clarified that the Insolvency and Bankruptcy Code and the Industrial Disputes Act, 1947, function in distinct legal spheres and do not conflict with each other. 

The Bench emphasized that the actions of the Resolution Professional in the insolvency proceedings did not impede the rights of workmen under the Industrial Disputes Act. 

Workers are free to pursue their claims before the appropriate authorities under the Industrial Disputes Act without interference from the IBC process. Consequently, the question of one statute overriding the other does not arise.

IBC law / 1 year, 3 days ago

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