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Search Results for "Employees Provident Funds Act"

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Supreme Court

Supreme Court Dismisses Appeal of Private Security Agency Against EPF Coverage — Security Guards Held Employees of Agency, Not Clients. The court held that a private security agency providing security guards on payment basis is covered under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, as it renders expert services under G.S.R. 805 dated 17.05.1971.

2 Dec 2020

The appellant, M/s. Panther Security Service Private Limited, is a private security agency registered under the Private Security Agencies (Regulation)...

High Court

Madras High Court Allows EPF Recovery Over Bank's Mortgage in Priority Dispute Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952. EPF Dues Have Priority Over Secured Creditors Under Section 11 of EPF Act, 1952.

22 Jan 2025

The case involves three writ appeals arising from orders of a learned Single Judge in W.P.Nos.15582 of 2010 and 8686 of 2010 dated 21.06.2011. The app...

High Court

Bombay High Court Dismisses Writ Petition Challenging EPF Liability Assessment Under Section 7A of EPF Act — Upholds Tribunal's Order Confirming Recovery of Rs. 67,67,178 for Non-Production of Records. The court held that when an establishment fails to produce records despite repeated opportunities, the authorities are justified in making a best judgment assessment based on available material.

11 Dec 2018

The petitioner, M/s Vardhaman Construction, a proprietary concern engaged in government construction contracts, challenged an order dated 15-12-2016 p...

High Court

Bombay High Court Quashes EPF Recovery Notices Against Purchaser of Company in Liquidation — Section 17B of EPF Act Not Attracted When Transfer is by Official Liquidator Under Court Supervision. The court held that the Official Liquidator is not the 'employer' under Section 17B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and the sale by him does not attract joint liability for prior provident fund dues.

23 Nov 2017

The petitioner, Vibhu Drinks Private Limited, purchased a property from the Official Liquidator of M/s Niranjan Ayurved Bhavan Limited (a company in l...

Supreme Court

Supreme Court Interprets 'Setting Up' of Establishment Under Section 16(1)(b) of Employees Provident Funds Act, 1952, Determining Whether Change of Ownership Creates New Establishment for Exemption Purposes. The Court Clarified the Test for Fresh Exemption Period When an Existing Business is Transferred to a New Owner.

17 Sep 1969

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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

High Court of Bombay at Goa Dismisses Petition Challenging PF Coverage for Establishment with 20 Employees Including Contractual Security Guards. Security guards engaged through agency are employees of the principal establishment for PF coverage under Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

5 Jul 2017

The petitioner, M/s Silicon Cortec, challenged the order dated 03.10.2005 passed by the Assistant Provident Fund Commissioner and the subsequent order...

High Court

Bombay High Court Dismisses Writ Petition Challenging Section 7A EPF Act Order — Petitioner Failed to Produce Records Despite Opportunities. Determination of Provident Fund Dues Upheld as Authority Considered Available Documents and Enforcement Officer's Report.

4 Sep 2014

The petitioner, Rajendra V. Vichare, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an ...

High Court

Bombay High Court Dismisses Employer's Petition Challenging PF Applicability — Employer Failed to Disprove Inspector's Report of 20+ Employees. ESI Returns Not Conclusive for PF Coverage Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

30 Jul 2013

The petitioner, M/s Ajmeri Gold Fingers, a proprietorship concern, challenged the order dated 28/3/2007 passed by the Assistant Provident Fund Commiss...

Supreme Court

Supreme Court Remands EPF Case to High Court for Fresh Consideration in Light of Definition of Employee Under Section 2(f) of EPF Act. The High Court erred by relying on findings under the Industrial Disputes Act without considering the broader definition of 'employee' under the EPF Act, which includes persons employed through contractors.

14 Aug 2019

The appeal arose from a dispute between the Assistant Provident Fund Commissioner (EPFO) and M/s U.P. State Warehousing Corporation regarding the appl...

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