The National Company Law Appellate Tribunal (NCLAT) held that ...

Provident Fund & Gratuity dues must be paid by Resolution Applicant as per IBC Clause.

Case Laws     IBC

October 15, 2024

The National Company Law Appellate Tribunal (NCLAT) held that the Resolution Plan must provide for payment of Provident Fund and Gratuity dues in accordance with Section 30(2) of the Insolvency and Bankruptcy Code and Clause 1(vii) of the Clarificatory Note. The burden of paying these dues falls on the Successful Resolution Applicant as per the Resolution Plan read with the Clarificatory Note. The admitted Provident Fund dues of Rs.11.49 Crores and Gratuity dues of Rs.8.84 Crores, totaling Rs.20.33 Crores for the Shree Gopal Unit, must be paid as per the priority mentioned in Clause 1(vii). The claim for payment of salary from June to November 2020 was rejected, as the Resolution Professional is the best judge to compute the CIRP cost and pay wages during the CIRP period. The approval of the Resolution Plan was upheld, subject to the declaration that workmen and employees are entitled to full Provident Fund and Gratuity dues.

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