Payment of PF and Gratuity
chayan
(Querist) 22 November 2009
This query is : Resolved
A Government company has gone into Members voluntary winding up in 2001 in voluntary winding up mode and one of the Govt. official has been appointed as Liquidator to complete the liquidation process. At present company is in advanced stage of liquidation. I am working in this company on contract basis since then. Account of the Liquidator is yet to be submitted to the Hon'ble Court for appointing of Official Liquidator. My question is whether Liquidator is liable to pay PF and Gratuity to its employees who have served more than eight years on contractual terms.
Raj Kumar Makkad
(Expert) 22 November 2009
Yes. Liquidator legally is liable to pay PF and gratuity to even contractual employees.
Tell me one thing, PF might have been deducted every month out of the salary paid to such employees and might have been deposited with EPF authorities then how can it be controlled by liquidator and why to demand it from him as the same might have been with the EPF authorities and so far gratuity is concerned, it can be demanded from him and he is liable.
