Just a moment...

Top
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Employer's Provident Fund Contributions Deemed Trust Property, Survive Insolvency Resolution Beyond Corporate Debtor's Assets

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....HC held that Provident Fund (PF) dues, comprising both employee and employer contributions, are not corporate debtor assets subject to insolvency resolution. The employer holds these funds in trust for employees, with statutory obligations under EPF Act. PF claims survive the resolution plan and remain payable, as they fall outside the Insolvency and Bankruptcy Code's scope. The court emphasized workers' dues primacy, determining that employer's PF contributions constitute a trust property for employees, irrespective of actual deposit in the fund account. Consequently, the petition was dismissed, affirming the respondents' right to claim PF dues.....