ESIC Employees Contribution; ESIC Employers Contribution; PF Employees and PF Employer do not come within the meaning of the Operational Debt – Sales Tax Dapartment, State of Maharashtra Vs. M/s. Aryavart Chemicals Pvt. Ltd. Ors. – NCLAT New Delhi
The grievance of the Appellant is that the ‘Resolution Plan’ is discriminatory as it reduced the claim of the appellant to Rs. 1,375,000/- in place of admitted claim of Rs. 2,21,92,393/- towards JAG-VAT-D-008 Stock. NCLAT held that the amounts towards ‘ESIC Employees Contribution’; ‘ESIC Employers Contribution’; ‘Provident Fund Employees’ and ‘Provident Fund Employer’ do not come within the meaning of the ‘Operational Debt’. Therefore, the Appellant – ‘Sales Tax Department’ claim an Operational Creditor cannot equated with the ESIC Employees Contribution; ESIC Employers Contribution; Provident Fund Employees and Provident Fund Employers and no discrimination can be alleged.
