towards P.F. Dues. As observed earlier, P.F.
Dues would stand included in the workers'
dues to be considered on pari passu basis ... make good any shortage of the amount towards
workers dues or PF dues/Government dues, as the
case may be.
12. Under these circumstances
amount of Rs.14,40,33,438/ is due and
payable to 1874 workers. The Union has further
submitted that the workmen have been paid ... thus, in all, out of
Rs.14,40,32,438/, the workers have been paid an
amount of Rs.1.10 crores
course, after the amount due from an
employer under the EPF Act is paid, the
other dues of the workers will be treated ... course, after
the amount due from an employer under the
EPF Act is paid, the other dues of the
workers will be treated
which
begins with the non-obstacle clause, the workers' dues are to be
treated at par with the secured creditors and for such pari ... passu
payment, the debts of the workers' dues and all the secured
creditors as per Section 529A of the Act are given priority above
Committee Cess 1,29,908
Sub Total (b) 1,41,279
Workers dues including salary deductions
Workers dues 6,15,461
Sub Total ... total such dues, major portion relates to the dues of the State Government alone. Dues relating to Central Government and dues of workers including
that none of the aforesaid claims fall within the definition of
workers dues as provided under Section 529 of the Act and
therefore, the workers ... progress; at equal rate or pace
and/or equally . Even the workers dues are defined under
Section 529 of the Act. Therefore, what is provided
clear that we
are not dealing with the situation were the workers dues are yet to
be finalised ... dealing with a case where the workers
dues are admitted and based on the dues of the workers, the learned
Company Judge had passed
Kotak Mahindra Bank Ltd vs O.L. Of M/S. Aps Star Ind.Ltd. &
therefore,
role of the Official Liquidator is limited to
inform dues of the workers to the secured
credits. Thus, secured creditor, in case of sale ... retain sale
proceeds of its secured assets after depositing
dues of the workers with Official Liquidator in
accordance with the provisions of Section 529A
which begins with the non-obstacle clause, the workers' dues are to
be treated at par with the secured creditors and for such pari ... passu
payment, the debts of the workers' dues and all the secured
creditors as per Section 529A of the Act are given priority above
