Provident fund and gratuity dues remain outside liquidation estate despite no segregated fund at commencement

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....Provident fund, gratuity and pension dues were treated as statutory employee entitlements excluded from the liquidation estate, and the Tribunal rejected the argument that a segregated fund must exist on the liquidation commencement date for those dues to survive. It held that the provision is due-centric, not asset-centric, so the liquidator remains liable to pay such amounts outside distribution under the waterfall. The Tribunal also allowed exclusion of 1656 days of litigation time when computing twenty-four months' workmen dues, so prolonged CIRP delay would not defeat workmen's priority. A recovery certificate for salary dues was held to remain part of workmen's claims under the liquidation process.....