Search Results for "Employees' Provident Funds and Miscellaneous Provisions Act 1952"

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Search Results for "Employees' Provident Funds and Miscellaneous Provisions Act 1952"

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High Court

High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Payment of Provident Fund Dues from Bank Sale Proceeds. Section 11(2) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 creates a first charge over assets of the establishment, overriding the claims of a secured creditor under the SARFAESI Act.

16 Jun 2026

The petitioner, the Regional Provident Fund Commissioner-I, Employees' Provident Fund Organisation, filed a writ petition under Articles 226 and 227 o...

High Court

Bombay High Court Quashes Prohibitory Order Against Contractor in EPF Recovery Proceedings — Third Party Debtor Cannot Be Restrained Without Proper Adjudication Under Section 8G of EPF Act. The court held that a prohibitory order under Section 8G of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 requires prior determination of the debt owed by the third party to the employer, and cannot be issued solely on the basis of a recovery certificate against the employer.

18 Nov 2025

The petitioner, B.T. Kadlag Constructions, a private limited company, filed a writ petition under Article 227 of the Constitution of India challenging...

High Court

Bombay High Court Allows Pension Revision for Retired Employees under Employees' Pension Scheme, 1995 — Upholds Right to Higher Pension Based on Actual Salary. The court held that employees who opted to contribute on actual salary are entitled to pension calculated on that salary, and refusal to revise pension was arbitrary and violative of Articles 14 and 21 of the Constitution.

29 Sep 2022

The judgment pertains to a batch of writ petitions filed by retired employees of the Maharashtra State Electricity Board (MSEB) and other establishmen...

High Court

High Court of Karnataka Allows Criminal Revision Petitions in Employees' Provident Funds Act Case — Conviction Set Aside Due to Lack of Evidence of Employer-Employee Relationship. The court held that the prosecution failed to prove that the petitioner was the employer or responsible for compliance under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

23 Jul 2021

The case involves multiple criminal revision petitions filed by Sri D. Srinivasa Rao challenging his conviction and sentence under the Employees' Prov...

High Court

Bombay High Court Dismisses Second Appeal by Widow and Children, Upholding Mother's Share in Son's Provident Fund and Insurance Amounts. Mother of deceased employee held entitled to share as Class I heir under Section 8 of Hindu Succession Act, 1956, in provident fund, gratuity, and insurance proceeds.

16 Oct 2019

The case involves a dispute over the distribution of provident fund, gratuity, and insurance amounts payable upon the death of Ramesh, who died on 09/...

High Court

Bombay High Court Allows Retired Employees' Writ Petitions for Provident Fund Pensionary Benefits — EPF Scheme 1995. Employer's Default in Contribution Does Not Bar Employees' Entitlement to Pension Under Employees' Pension Scheme, 1995.

13 Jun 2019

The judgment pertains to a batch of writ petitions filed by retired employees seeking pensionary benefits under the Employees' Pension Scheme, 1995. T...

High Court

Bombay High Court Quashes PF Order Against Hindustan Lever in Part-Time Doctor Coverage Dispute. Medical Practitioner Not 'Employee' Under Section 7-A of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 as No Employer-Employee Relationship Existed.

26 Aug 2014

The petitioner, M/s. Hindustan Lever Limited, challenged an order dated 17th October 2003 passed by the Assistant Provident Fund Commissioner under Se...

High Court

High Court of Karnataka Dismisses Employer Appeals in Provident Fund Damages Case — Upholds Levy of Damages Under Section 14B of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 for Delayed Remittance. Mens Rea Not Essential for Levy of Damages Under Section 14B; Authority Has Discretion to Quantify Damages Based on Circumstances.

24 Jan 2013

The case involves a batch of writ appeals filed by several companies (M/s J.D. Clothing Company, M/s Gokaldas India, M/s Wear Craft Apparels, and othe...

High Court

High Court of Karnataka Dismisses Appeals by Apparel Companies Challenging Provident Fund Damages Order. Establishment of separate code number for each unit does not absolve liability under Section 14B of Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

24 Jan 2013

The case involves multiple writ appeals filed by apparel companies (M/s J.D. Clothing Company, M/s Gokaldas India, M/s Wear Craft Apparels, and others...

High Court

Bombay High Court Allows Writ Petition Challenging PF Damages and Interest Due to Non-Functioning of Appellate Tribunal — Directs Reconsideration of Damages Under Section 14-B of EPF Act. The court held that damages under Section 14-B are not automatic and require consideration of mitigating circumstances, and interest under Section 7-Q is compensatory but can be modulated.

2 Aug 2006

The petitioners, Cable Corporation of India Ltd. and another, challenged an order passed by the Regional Provident Fund Commissioner directing them to...

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