Supreme Court of India· 28 September 2026
Is interest on delayed provident fund dues under s.7-Q, EPF Act, 1952 a statutory liability at 12% per annum, independent of any contractual stipulation?
BIHAR STATE ARDH v. STATE OF BIHAR
2026 INSC 1061
Coram: Justice Vikram Nath · Justice Sandeep Mehta
Answer
Interest on delayed provident fund dues under s.7-Q, EPF Act, 1952 is a statutory liability at 12% per annum, independent of any contractual stipulation.
Yes. Interest on delayed provident fund dues under Section 7-Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 is a statutory liability, arising by operation of law upon delay and payable at 12% per annum simple interest from the date the amount became due until actual payment, regardless of any contractual stipulation between employer and employee.
Headnote
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 — s.7-Q — Interest on delayed statutory dues — Compensation for deprivation of money — Daily-wage workers' entitlement —
EPF Act, 1952 — s.7-Q — Statutory interest on delayed dues —
Held: Interest on delayed provident fund dues under s.7-Q is a statutory liability, arising by operation of law and independent of any contractual stipulation. It runs as simple interest at 12% per annum till actual payment. (¶44, 48)
Interest as compensation for deprivation of money — Equitable jurisdiction —
Held further: Interest on money lawfully due is compensation for deprivation of its use, awardable in equitable jurisdiction absent a statutory rate, if reasonable and not punitive. Writ petition disposed of with EPF and salary interest and a payment to daily-wage workers. (¶52, 54, 62)
Headnote
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Paragraph 44Where the provident fund contribution or any amount otherwise payable under the statutory scheme is not deposited within the time prescribed, the liability towards statutory interest arises in accordance with the applicable provisions. In cases governed by the Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 7-Q mandates payment of simple interest at the rate of 12% per annum, or at such higher rate as may be specified in the Scheme, on the amount due from the date on which such amount became due until the date of its actual payment. The liability towards such interest is thus a statutory consequence of the delay in discharge of the provident fund obligation and does not depend upon any contractual stipulation between the employer and the employee. Section 7-Q of the Act is reproduced below for ready reference:- “7-Q. Interest payable by the employer.—The employer shall be liable to pay simple interest at the rate of twelve per cent per annum or at such higher rate as may be specified in the Scheme on any amount due from him under this Act from the date on which the amount has become so due till the date of its actual payment: Provided that higher rate of interest specified in the Scheme shall not exceed the lending rate of interest charged by any scheduled bank.”
Paragraph 48We, accordingly, direct the States of Bihar and Jharkhand to ensure payment, in respect of the EPF dues of the employees to which Section 7-Q is applicable, of simple interest at the rate prescribed thereunder, i.e., 12% per annum, for the period commencing from the date on which the respective amounts became due and calculated until the date of their actual payment. Such interest shall be paid to the concerned employees or, where applicable, their legal heirs, and shall form part of the amounts finally payable towards the provident fund dues. b. Interest on delayed payment of salary/wages
Acts & Sections
s.7-Q Employees' Provident Funds and Miscellaneous Provisions Act, 1952One judgment a day. That's the whole habit.
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