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Wednesday, October 7, 2026 Jaipur Edition
Supreme Court of India
Labour Law

Defunct Corporations' Workers Get Interest on Decades-Old Dues, Daily-Wagers Rs 1 Lakh Each: Supreme Court

Published: · NyayVidhan

The Supreme Court directed Bihar and Jharkhand to pay interest on the decades-old dues of employees of five defunct State corporations of undivided Bihar: 12% a year on delayed provident fund dues under Section 7-Q of the EPF Act and 6% on salary and other dues. Rejecting the plea that the corporations were separate legal entities, it also awarded each daily-wage worker a one-time Rs 1,00,000, holding a flat Rs 42.50 daily wage since 1992 unfair (paras 39-59).

Defunct Corporations' Workers Get Interest on Decades-Old Dues, Daily-Wagers Rs 1 Lakh Each: Supreme Court

Judgment Intelligence

Other
Bihar State Ardh Sarkari Arajpati Karamchari Maha Sangh & Ors. v. State of Bihar & Ors.
2026 INSC 1061
Writ Petition (Civil) No. 932 of 2022
Court
Supreme Court of India
Date of Decision
28 September 2026
Bench
Justice Vikram Nath and Justice Sandeep Mehta
Relevant Acts & Sections
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 — Section 7-Q; Bihar Reorganisation Act, 2000
Final Outcome

Writ petition disposed of. Bihar and Jharkhand must pay 12% interest on delayed EPF dues and 6% on other dues within three months, pay Rs 1,00,000 to each daily-wager and publish claimant lists within four weeks; untraced claimants may apply within 12 months (paras 58-62).

Key holdings

  1. Section 7-Q interest on delayed provident fund dues is statutory and is not lost because the principal was later paid (paras 46-47).
  2. A State corporation's separate juristic personality cannot be used to deprive its employees of dues unpaid for decades (para 53).
  3. Interest on withheld salary is compensatory, not punitive, and its rate must bear a reasonable relationship to the deprivation (paras 54, 56).
  4. A flat daily wage applied over decades is not a fair measure of a daily-wager's entitlement (paras 39-40).
  5. The Court said the reliefs rest on the peculiar facts and lay down no general principle (para 60).

Brief Facts

After the Bihar Reorganisation Act, 2000 created Jharkhand, the claims of employees of five inter-State corporations, including the Bihar State Construction Corporation, remained unpaid for decades (para 2). By an order of 29.05.2026 the Court accepted the report of a Committee headed by Justice Dinesh Maheshwari (Retd.), leaving three issues open: untraced claimants, the daily-wagers' entitlement and interest (paras 3-4, 8). The States reported paying 2,074 of 2,274 verified employees, with about 200 untraced or unverified (para 33). The dues of 598 daily-wagers were computed at Rs 42.50 a day from 1992 (paras 22, 38). The States opposed interest, arguing that the corporations were distinct juristic entities (paras 27-30).

Court's Findings

The States had taken all reasonable steps to trace the remaining claimants and could not be made to continue indefinitely; the exercise was closed without extinguishing the claimants' entitlement (paras 34-35). Daily-wage status does not detract from the dignity of the work or justify arbitrary treatment (paras 36-37). A fixed Rs 42.50 a day over decades wrongly assumed that wages stood still, but instead of remitting the matter for fresh computation, which would prolong the dispute, the Court awarded a one-time Rs 1,00,000 to each daily-wager (paras 39-42). Following Arcot Textile Mills, interest under Section 7-Q is a statutory consequence of delay, not discretionary compensation, runs at 12% from the due date and is not defeated because the principal was later paid (paras 43-48). Relying on Central Bank of India v. Ravindra, interest on salary compensates the deprivation of money. Though the corporations were distinct entities, the States, as welfare States, could not let that separate personality defeat dues unpaid for decades; interest must compensate, not punish, so 6% was fixed instead of the Committee's 7.5% (paras 49-57).

Legal Principle

Interest on delayed provident fund dues under Section 7-Q of the EPF Act follows by operation of law from the due date. Interest on other withheld dues compensates the deprivation of money and is not meant to punish the State, and a defunct State corporation's separate legal personality cannot defeat employees' dues unpaid for decades (paras 46-56).

Precedents Relied Upon

  1. Kapila Hingorani v. State of Bihar (2003) 6 SCC 1
    Referred To Discussed at ¶ 3

    Earlier proceedings in the history of this litigation over the dues of employees of Bihar State corporations, noticed in detail in the order of 29.05.2026.

  2. Arcot Textile Mills Ltd. v. Regional Provident Fund Commissioner & Ors. (2013) 16 SCC 1
    Relied Upon Discussed at ¶ 45-47

    The EPF Act is beneficial social legislation, and interest under Section 7-Q for belated payment is basically compensation to the affected employees.

  3. Central Bank of India v. Ravindra & Ors. (2002) 1 SCC 367
    Relied Upon Discussed at ¶ 51-52

    Interest is compensation for the deprivation of the use of money to which a person is lawfully entitled, whatever name it is called by.

NyayVidhan
Court Judgments · 3 min read
Decided: September 28, 2026 Justice Vikram Nath and Justice Sandeep Mehta
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