Closure and lockout notice issued by Corporate Debtor under the Uttar Pradesh Industrial Disputes Act, 1947 prior to initiation of the CIRP cannot be adjudicated by the Adjudicating Authority under IBC – Era Labourer Union of Sidcul, Pant Nagar, through its secretary Vs. Apex Buildsys Ltd. – NCLAT New Delhi
Hon’ble NCLAT held that the closure/lockout notice which was issued on 31.07.2017 much prior to initiation of the CIRP and the closure and lockout notice was nothing to do with the CIRP process. Challenge to the closure and lockout notice cannot be raised before the Adjudicating Authority who is not competent to adjudicate the said issue which arises out of the provision of the Uttar Pradesh Industrial Disputes Act, 1947.