Supreme Court of India
Employees Provident Fund Commissioner v. O.L. of Esskay Pharmaceuticals Limited
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3 Supreme Court benches have cited this judgment.
From the 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 - Interpretation of the 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 of the secured
Authorities it was built on
- 1987 Reserve Bank of India v. Peerless General Finance & Investment Co. Ltd. Ors. and Vice Versa
- 2009 Central Bank of India v. State of Kerala and Ors.
- 1990 Ashoka Marketing Ltd. and Anr. Etc. Etc. v. Punjab National Bank and Ors. Etc. Etc.
- 2000 Dena Bank v. Bhikhabhai Prabhudas Parekh and Co. and Ors.
- 2006 Icici Bank Ltd. v. Sidco Leathers Ltd. and Ors.
- 2000 Allahabad Bank v. Canara Bank and Anr.
- 2005 Rajasthan Financial Corporation and Anr. v. The Official Liquidator and Anr.
- 2000 A.P. State Financial Corporation v. Official Liquidator
- 1993 Maharashtra Tubes Ltd. v. State Industrial and Investment Corporation of Maharashtra Ltd. and Anr.
- 1964 Builders Supply Corporation v. The Union of India Represented by the Commissioner of Income-tax, West Bengal and Others
- 1994 Uco Bank v. The Official Liquidator High Court, Bombay and Anr.
- 2004 Textile Labour Association and Anr. v. The Official Liquidator and Anr.
- 1994 State Bank of Bikaner and Jaipur v. National Iron and Steel Rolling Corporation and Ors.
- 1974 Biram Chand v. State of Uttar Pradesh.&.ors.
- 1965 Kumaon Motor Owners' Union Ltd. and Another v. The State of Uttar Pradesh
Where later benches applied it
- 2023 Coal India Limited and Anr v. Competition Commission of India and Anr
- 2023 Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors.
- 2013 Essa@ Anjum Abdul Razak Memon v. The State of Maharashtra, through Stf, Cbi Mumbai, Part-ii
Of those, 3 referred to
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