Tribunal Monthly Roundup July 2023 | Top Stories on Illegal Sand Mining on Yamuna Bank; Mumbai Floods 2005; Tata Power; and more
A quick legal roundup to cover important stories from Tribunals, Regulatory Bodies, Commissions this month
provident fund
Employees entitled to Provident Fund and Gratuity Fund dues even if funds not available with Liquidator: NCLAT
NCLAT held that the Provident Fund and Gratuity dues of the appellant are to be paid in full.
PF and gratuity dues not part of liquidation estate; cannot be recovered under Section 53 of IBC which provides for waterfall mechanism: Supreme Court
Supreme Court upheld the NCLT order that the provident fund, pension fund and gratuity fund are not part of the liquidation estate, for distribution under Section 53 of the IBC and the same has to be paid to the employees under the stated heads.
Supreme Court upholds NCLAT order on payment of dues to former employees of Jet Airways
Supreme Court refused to entertain a plea moved by the consortium and upheld the National Company Law Appellate Tribunal’s order directing the consortium to pay the provident fund and gratuity dues of the employees of Jet Airways
Claims of various stakeholders to be considered by Resolution Professional in accordance with law; NCLT, Chandigarh emphasizes
That various stakeholders are to be considered by the Resolution Professional under the relevant provisions of IBC andin accordance with law, and the same should be placed before the CoC for approval. Thus, the resolution plan was sent back for approval by the Committee of Creditors.
Non-payment of full provident fund and gratuity violative of S. 30(2)(e) IBC; NCLAT directs Jet Airways to make payments
National Company Law Appellate Tribunal, Delhi: In a batch of appeals filed challenging order dated 22-06-2021 passed by the National
Gujarat High Court| Amount of PPF account shall not be liable to any attachment in respect of any debt or liability
Gujarat High Court: A.S. Supehia, J. allowed a writ petition directing Bank to deposit PPF amount deducted for settlement of liability. Petitioner
CBDT | Calculation of taxable interest relating to provident fund transactions prescribed vide Income Tax (25th Amendment) Rules, 2021
The Central Board of Direct Taxes has passed Income Tax (25th Amendment) Rules, 2021 on August 31, 2021. The Income Tax (25th
Is there a cut-off date under Para 11(3) of the Employees’ Pension Scheme? Larger bench to decide. Read why RC Gupta verdict needs to be re-visited
Supreme Court: The bench of UU Lalit and Ajay Rastogi, JJ has referred the question as to whether there would be a
P&H HC | “Provident Fund is based on adequate contributions from members of the fund”; HC allowed forfeiture of pension on resignation
Punjab and Haryana High Court:The Division Bench of Ravi Shanker Jha, CJ. and Arun Palli, J., upheld the impugned order of Single
Is a company providing expert services an employer under EPF Act if the wages are paid from contractual money received from clients? SC answers
Supreme Court: In a case where a company provided trained and efficient security guards to clients, claimed that security guards were the employees of the client, the
NCLT | Whether Resolution Professional is under obligation to make over payment of shortfall in gratuity payable to employees? NCLT examines
National Company Law Tribunal (NCLT): The Coram of Dr Deepti Mukesh (Judicial Member) and Sumita Purkayastha (Technical Member), reiterated that any shortfall in
NCLAT | PF, Pension Fund and Gratuity Fund does not come within the meaning of Assets of Corporate Debtor for distribution under S. 53 IBC
National Company Law Appellate Tribunal (NCLAT): The Bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice A.I.S Cheema, Member (Judicial) and Kanthi
Raj HC | Court allows application filed in relation to modification of order and extension of deadline for depositing Provident Fund
Rajasthan High Court: The Bench of P.K. Lohra and Manoj Kumar Garg, JJ. allowed the application which was made on behalf of
Widow of deceased employee not allowed to switchover from provident fund to family pension scheme: Calcutta HC
Calcutta High Court: A Single Judge Bench comprising of Debangsu Basak, J. dismissed a petition filed by widow of a deceased teacher
Cut-off date of the Contributory Provident Fund Scheme in the W.B. Comprehensive Area Development Corporation Employee’s [Death cum Retirement] Benefit Regulations 2008 struck down
Calcutta High Court: In the matter where 71 petitioners had filed a writ application challenging the fixation of the cut-off date of