NCLT directs Successful Resolution Applicant to make necessary payments under the provisions of EPF and MP Act, 1952 after the approval of Resolution Plan – Employees Provident Fund Organisation Vs. Sh. Darshan Singh Anand The IRP – NCLT Chandigarh Bench
January 27, 2023
NCLT held that it is a settled issue that when it comes to non-payment of the EPF arrears by the Corporate Debtor, the issue is one of “compliance of Law”. All the dues raised by the EPFO under various sections, including interests and penalties are to be paid by the new establishment under Section 17B of the Employees Provident Funds and Miscellaneous Act, 1952. In the event of any grievance on the part of the corporate debtor with regard to PF arrear demand, there is a provision in the EPF & MP Act, 1952 for appeal against the demand raised by the EPFO Authorities.