NCLAT Affirms Jet Airways' Obligation to Settle Employee Dues
NCLAT Ruling on Jet Airways Employee Payments
The National Company Law Appellate Tribunal (NCLAT) has confirmed a previous ruling mandating Jet Airways to fully settle its employees' provident fund (PF) and gratuity payments. Additionally, the tribunal has rejected appeals from the State Bank of India (SBI) along with seven other financial creditors. During the proceedings, the lenders argued that the dues related to provident fund, gratuity, and pension should be included in the liquidation estate and shared among all creditors as per the Insolvency and Bankruptcy Code (IBC). They claimed that such payments could only be excluded if specific provident fund and gratuity accounts were established at the start of the liquidation process. The banks also requested that the time spent in legal disputes be counted when determining the 24-month period for workmen's dues. If this request had been granted, employees would have lost their priority status for payments under the IBC. The NCLAT upheld a ruling from February 4 by the National Company Law Tribunal (NCLT), which stated that May 20, 2020, should be recognized as the effective date for calculating the 24 months of workmen's dues that are entitled to priority under the IBC.