# In the matter of Yogesh Kumar & Ors. Vs. Shantanu T. Ray, RP of AML Steel and Power Ltd. & Ors. CA (AT) No. 403-2018

> NCLAT judgment dated 2018-07-30. Citation: TCN-2018-NCLAT-00178. The Appellants, claiming to be employees, were allegedly wrongly ousted by the 'Resolution…

- **Court:** NCLAT
- **Order date:** 30 Jul 2018
- **Citation:** TCN-2018-NCLAT-00178
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/yogesh-kumar-ors-vs-shantanu-t-ray-rp-of-aml-steel-and-power-ltd-ors-ca-ee69ef17

## Summary

### Background

The Appellants, claiming to be employees, were allegedly wrongly ousted by the 'Resolution Professional'. The 'Resolution Professional' is treating them as ex-employees, while the Appellants claim to be employees on roll and cooperating with the 'Resolution Professional'. There is a dispute as to whether the Appellants are present or ex-employees.

## Facts

Yogesh Kumar & Ors. (Appellants) claim to be employees wrongly ousted by the Resolution Professional of AML Steel and Power Ltd. & Ors. (Respondents). The Appellants assert they are current employees, while the Resolution Professional treats them as former employees. The core dispute revolves around the employment status of the Appellants and whether they are entitled to be considered current employees of the Corporate Debtor. The Appellants were directed to provide evidence of their employment to the Resolution Professional.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority or the Appellate Tribunal can decide on the employment status of …

**Ratio:** The Adjudicating Authority or the Appellate Tribunal cannot decide on the employment

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**Reasoning:** The court finds that there is a dispute as to whether the Appellants are the present or

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**Interpretation:** The court interprets its jurisdiction as not extending to resolving disputes

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**Application:** The court declines to make a determination on the employment status of the

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Yogesh…
- **Respondents:** AML Steel and…; Shantanu…
- **Advocates:** Aditya Na…

## Timeline

- **2018-07-30 — Order Da…**: Learned counsel appearing on behalf of the Appellants submits that the Appellants are…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/yogesh-kumar-ors-vs-shantanu-t-ray-rp-of-aml-steel-and-power-ltd-ors-ca-ee69ef17