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

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