Supreme Court · 2011 INSC 787 · Decided 8 November 2011
Employees Provident Fund Commissioner v. O.L. of Esskay Pharmaceuticals Limited
- Court
- Supreme Court of India
- Citation
- 2011 INSC 787 · [2011] 15 S.C.R. 336
- Case number
- CIVIL APPEAL No. 9630/2011
- Decided
- 8 November 2011
- Bench
- G.S. SINGHVI, H.L. DATTU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 38, 43; Companies Act Section 529A, 529A(1), 529(3), 530, 529, 529(3)(b)
Headnote
Employees' Provident Funds and Miscellaneous Provisions Act, 1952: Object of its enactment - Discussed. s.11(2) - Priority of payment of contributions over other debts - Non-obstante clauses contained in s. 11 (2) of the EPF Act and s.529A of the Companies Act D provisions - Held: By virtue of non-obstante clause contained in s. 11 (2) of the EPF Act, any amount due from an employer is deemed to be first charge on the assets of the establishment and is payable in priority to all other debts including the debts due to a bank, which falls in the category
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)