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2023 (8) TMI 194 - AT - Insolvency and BankruptcyRejection of the Claim by the Liquidator - challenge to the rejection dismissed on the grounds that the Appellant did not file any Order passed under the EPF &MP Act, 1952 and that no supporting documents have been enclosed in that regard - HELD THAT:- It is seen from the record that the Corporate Debtor has declared the Contribution amount in the monthly returns, but while remitting the amounts admittedly he has permitted amounts short of the already declared contribution and the same is reflected in the Establishment Ledger. The Employees Provident Fund Scheme, 1952 requires the Employer / Corporate Debtor to prepare a Contribution Card which would deal all the payments made by the Corporate Debtor against the monthly PF dues payable by the Corporate Debtor and the shortcomings in the remittance of the said dues would be automatically reflected in the Establishment Ledger. The contention of the Learned Counsel appearing for the Liquidator that an Assessment Order is an essential prerequisite for realising the amounts, is untenable in the light of the aforenoted discussion. This Tribunal is of the considered view that the ratio of the NCLAT, Principal Bench in the matter of ‘JET AIRCRAFT MAINTENANCE ENGINEERS WELFARE ASSOCIATION VERSUS ASHISH CHHAWCHHARIA RESOLUTION PROFESSIONAL OF JET AIRWAYS (INDIA) LTD. & ORS; ASSOCIATION OF AGGRIEVED WORKMEN OF JET AIRWAYS (INDIA) LTD. VERSUS JET AIRWAYS (INDIA) LTD. & ORS. [2022 (11) TMI 332 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI] upheld by the Hon’ble Apex Court in JALAN FRITSCH CONSORTIUM VERSUS REGIONAL PROVIDENT FUND COMMISSIONER & ANR. [2023 (3) TMI 223 - SUPREME COURT], with respect to the full payment of the Provident Fund dues, is squarely applicable to the facts of this case. The Order of the Adjudicating Authority is set aside and the Liquidator is permitted to admit the ‘Claims’ based on the Establishment Ledger - appeal allowed.
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