PF and Gratuity is to be paid in full as per the provisions of EPF and NP Act, 1952 and payment of Gratuity Act, 1972 – Mrs. C.G. Vijyalakshmi Vs. Shri Kumar Rajan, RP Hindustan Newsprint Ltd. – NCLAT Chennai

NCLAT held that having regard to the ratio of the Judgement in Jet Aircraft Maintenance Engineers Welfare Association (2022) ibclaw.in 861 NCLAT of this Tribunal, upheld by the Hon’ble Apex Court, this Tribunal is of the earnest view that PF and Gratuity is to be paid in full as per the provisions of EPF and NP Act, 1952 and payment of Gratuity Act, 1972. Since admittedly the amounts paid are only 35.13% having treated them as Secured Creditors, we are of the considered view that indeed there was a violation of the provisions of Section 30(2) of the Code, with respect to the payment of PF and Gratuity only.

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