R. Subhash Reddy JUDGMENT
Indu Malhotra, J.
Leave granted.
1. The present Civil Appeals have been filed by the Appellant-Resolution Professional appointed by the National Company Law Tribunal for the Corporate Debtor-M/s. Hirakud Industrial Works Ltd., to challenge the interim Orders dated 14.08.2019 and 05.09.2019 passed by the Odisha High Court in W.P. (Civil) No. 7939/2011.
2. This Court vide Order dated 23.09.2019 issued Notice to all the parties, including the Writ Petitioners i.e. the Hirakud Workers' Union-Respondent No. 13 herein. The Appellant was directed to serve Dasti Notice to all the Respondents, and the auction proceedings before the High Court were directed to be stayed.
3. Pursuant to the issuance of Notice, all the Respondents were served by the Appellant, and proof of service was filed on 04.11.2019. Respondent No. 13-Hirakud Workers' Union was however not represented by Counsel. The Civil Appeals were taken up for hearing on 13.11.2019 before this Court.
4. The factual matrix in which the present Civil Appeals have been filed is as under:
4.1 M/s. Varsha Fabrics Pvt. Ltd. (Respondent No. 1), India Finance Ltd. (Respondent No. 2), Mudrika Commercial Pvt. Ltd. (Respondent No. 3), Hirakud Industrial Works Ltd. (Respondent No. 4), and Industrial Development Corporation of Orissa Ltd. (Respondent No. 5) entered into a Share Purchase Agreement ("SPA") dated 10.07.2006.
As per the SPA, Respondent No. 5 divested its 100% shareholding in Respondent No. 4 in favour of Respondent Nos. 1 to 3. Respondent No. 4 shut down its factory on 08.05.2007.
4.2 Subsequently, Respondent Nos. 1 to 3 sold their stake in Respondent No. 4 to Indo Wagon Engineering Ltd.
Respondent No. 13-the Hirakud Workers' Union filed W.P. (Civil) No. 12479/2009 before the Odisha High Court praying inter alia for cancellation of the SPA dated 10.07.2006, and payment of the arrears and current salaries of the workmen.
4.3 Respondent No. 13 filed another Writ Petition bearing W.P. (Civil) No. 7939/2011 on 28.03.2011 for payment of their dues before the Odisha High Court.
4.4 The High Court vide Order dated 14.03.2012 directed the Deputy Labour Commissioner, Sambalpur Division (Respondent No. 10 herein) to recover the workmen's dues by sale of the assets of Respondent No. 4-Company through a public auction.
4.5 These proceedings culminated in the Order dated 03.08.2015 passed by this Court, wherein it was directed that the issue of quantifying the compensation payable to the workmen should be determined by the Labour Court. It was further directed that if Respo........