Facts relating to 'Alfa Limited': In view of the deep recession prevailing in the market for the past three years, M/s. Alfa Limited (Corporate Debtor), which was facing the brunt of financial crisis, could not pay salar

Facts relating to 'Alfa Limited': In view of the deep recession prevailing in the market for the past three years, M/s. Alfa Limited (Corporate Debtor), which was facing the brunt of financial crisis, could not pay salaries and wages to its workmen and employees for the past 6 months. The workmen and the employees, who are the members of a recognized Trade Union "Alfa Labour Federation." made a complaint in this regard. Thereafter, the Trade Union approached and urged the Management of the Company in person and through representations in writing to settle the arrears of wages and salaries due to its members. The Corporate Debtor neither disputed nor took any actions to settle the amount. Under the circumstances, 'Alfa Labour Federation' filed an application before the Adjudicating Authority i.e. with the National Company Law Tribunal for initiating a Corporate Insolvency Resolution process under the Insolvency and Bankruptcy Code, 2016. In respect of the facts relating to Alfa Limited examine in the light of the decided case law and the provisions of the Insolvency and Bankruptcy Code, 2016 the following: Validity of the Application.