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Judgment
Two days delay in filing the Appeal is condoned. I.A. No. 1203 of 2022 stands disposed of.
Heard learned counsel for the Appellant as well as learned counsel appearing for the Resolution Professional. This Appeal has been filed by the Authorised Representative of the workers aggrieved by the order dated 11.02.2022 by which IA (IB) No. 460/KB/2021 in CP (IB) No. 701/KB/2017 has been disposed of. The I.A. (IB) No. 460/KB/2021 was filed by the Authorised Representative of the Workers of the Corporate Debtor and sought for realization of all the amount accumulated in favour of the workers in their PF Account. The Adjudicating Authority has decided the application and in Para 11 has issued following directions:
"11. We urge all the Trustees to keep in mind the sufferings of the workmen in not having been paid any wages since October, 2016, and consider the applications from the workmen for withdrawals liberally, and in tune with the object and intent of the instruction issued by the Government and the PF authorities. Completion of formalities should not be a goal in itself, but should subserve the greater good, which is the interest and wellbeing of workers.”
The grievance of the Appellant is that although the order is in their favour but workers are unable to withdraw the amount from their accumulated PF amount since 2016.
Learned counsel for the Resolution Professional submits that the Resolution Professional is bound to comply with the directions of the Adjudicating Authority permitting withdrawal of the PF amount, however, the withdrawal has to be as per the rules which are governing the Trust.
Be it as it may. The Adjudicating Authority having allowed the workers to withdraw the PF amount as per Rules, we see no reason to interfere in the matter, more so, when the Resolution Professional who is present before us submits that Resolution Professional shall be cooperating with the workers in withdrawal of PF Amount to the extent as permissible in Rules.
Learned counsel for the Appellant lastly submits that observations in Para 5 of the impugned judgement create a fetter in the rights of the Appellant. We have seen Para 5 in which the Adjudicating Authority has noticed the principles of statutory interpretation. We are of the view that in Para 5 there is no fetter in the rights of the workers for withdrawal from their PF Account. With these observations, this Appeal is disposed of.