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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE DEEPAK ROSHAN, J, M.S. Ramachandra Rao, CJ.
Employee Provident Fund Organization, Regional Office, Karamtoli – Appellant
Versus
Refractory Specialties (Ind) Ltd. Jamtara – Respondent
JUDGMENT :
Deepak Roshan, J.
Heard learned counsel for the parties.
2. This intra court appeal has been preferred by the appellant for setting aside the Interlocutory order dated 26th April, 2013 passed in I.A. No. 3050 of 2012 filed in CP Case No. 12 of 1998(P) by the learned Single Judge, whereby the interlocutory application was rejected with a direction to the Union of India to deposit the amount of Rs. 2,47,471/- towards the dues of Provident Fund of the employees and thereafter recover the said amount from the salary and/or pension of the Regional Provident Fund Commissioner or such other officers after holding enquiry.
3. The brief fact of the case is that M/s Refractory Specialties (IND) Ltd. Jamtara, Dumka was ordered to be wound up by the Patna High Court vide order dated 22.11.1999. Subsequently, though the Official Liquidator (hereinafter to be referred as OL) invited claims in July, 2007 till August, 2007 but the appellant missed the deadline. The appellant then approached the Company Court under Rule 177 of Company Court Rules, 1959 and filed I.A. No. 3050/12 in Company Petition No. 12/1998(P). The learned Company Judge instead of giving any direction to the OL to recover
Timely submission of claims in liquidation proceedings is essential; failure to file within the prescribed period results in forfeiture of rights to recover dues.
Post-liquidation PF assessments and claims inadmissible under IBC Section 33(5); only pre-liquidation dues entertainable.
Provident fund dues do not have priority over other debts during liquidation under IBC; they are subject to waterfall mechanism provisions.
Claims for statutory dues must be submitted before the commencement of liquidation; assessments thereafter are inadmissible under insolvency laws.
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