The claims of workmen are classified as “service claim” and “welfare claims”. The service is considered as operational debt but the welfare claim does not consider as operational debt – Autokast Retired Employees welfare (AREWU) Vs. M/s. Autokast Ltd. – NCLT Kochi Bench
This petition u/s 9 of IBC is filed in respect of retirement benefits due of the petitioners payable by the respondent. In the petition it is captioned as retirement benefit/outstanding arrears of pay etc. The claims of workmen are classified as “service claim” and “welfare claims”. The service is considered as operational debt but the welfare claim does not consider as operational debt. This position is explained by Hon‘ble NCLAT in Kishore K Lonkar Hindustan Antibiotics Ltd. In this petition it is not separately mentioned what is the quantum of “service claim” and “welfare claim” in the absence of any material in this regard the due amount of petitioner cannot be considered as an operational debt. Thus, this point is answered.
