Avil Menezes vs Bhel And Ors.

B.S.V. Prakash Kumar, J

Mr. Avil Menezes, Liquidator as well as counsel namely Mr. Rohan Rajadhyaksha and Mr. Dhrupad Vaghani for the Applicant, Ms. Mayur Raghuvanshi for R1, Mr. D.K. Singh, Representative for the Regional Labour Commissioner, Ranchi (R2), Ms. Ankita Thakur, Chief Manager & Authorized Officer of UCO Bank appeared and the hearing has been conducted through Video Conferencing.

On the explanation sought by this Bench in the previous order, BHEL (R1) counsel has reported to this Bench that till date no invoice has been placed before R1 by the Applicant, however it says that it will file its reply on the next date of hearing.

As against this submission, the Applicant's counsel has stated that he has already placed the invoices before R1.

As to payment to the labourers, it appears that the Regional Labour Commissioner calculations reflect that an amount of ` 1.70 to ` 2 Crore is payable to the labourers but on the contrast, the Liquidator says an amount of ` 40,87,580 has already been paid to the labourers through labour contractors, thereafter, UCO Bank, upon the instructions of the liquidator, directly released ` 21,40,965 to the labourers, he further says that now the balance remained payable to the labourers as per muster roll is only ` 56,36,793. Out of which, since he has details of the workers for an amount of ` 43,89,473, he says, he will pay the same as soon as details are reached to him, preferably in two or three days.

By hearing it, it appears dues have not been finally confirmed and verified, for the Liquidator's counsel submits verification has not been fully done. In any event, the Liquidator has categorically stated that whatever is required to be paid to the labourers, it will paid after details submitted by the Liquidator are verified by the Regional Labour Commissioner.

In view thereof, the Liquidator is hereby directed to forthwith direct the Bank (UCO Bank) to release an amount of ` 43, 89,473 to the labourers looking at the details the liquidator forwarding to the Bank, in pursuance thereof, the Bank is suggested to release the payments to the labourers today itself, so that the labourers will not be put to hunger during this COVID crisis.

In addition to it, the Liquidator is further directed to make mathematics with regard to the dues payable to the workers based on Muster Roll, Register of Workmen, Register of Wages, Payment Slips and Bank Statements and place that material before the Regional Labour Commissioner, Ranchi on 28.05.2020. With regard to Labour Commissioner Proceedings, the order passed on 22.05.2020 is hereby extended until next date of hearing.

List this application on 29.05.2020 for release of remaining balance, if any, payable to the workers and for the details as required.