Supreme Court of India · 2019-04-30
Jk Jute Mill Mazdoor Morcha vs Juggilal Kamlapat Jute Mills Company ...
- Citation / case number
- AIR 2019 SUPREME COURT 2138
- Court
- Supreme Court of India
- Petitioner
- Jk Jute Mill Mazdoor Morcha
- Respondent
- Juggilal Kamlapat Jute Mills Company ...
- Author
- R.F. Nariman
- Bench
- Vineet Saran, R. F. Nariman
Judgment text excerpt
The Supreme Court addressed whether a trade union qualifies as an operational creditor under the Insolvency and Bankruptcy Code, 2016. It held that a trade union does not fall within the definition of an operational creditor as per Section 5(20) and Section 5(21) of the Code, since it does not provide services to the corporate debtor. The Court upheld the decisions of the NCLT and NCLAT, affirming that individual workers must file separate applications for their claims rather than a collective application through a trade union.