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Search Results for "Provident fund"

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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

Madras High Court Allows EPFO's Writ Petition Challenging EPF Appellate Tribunal Order for Lack of Jurisdiction and Erroneous Application of Mens Rea. The Tribunal's order quashed as it entertained a time-barred appeal without condonation of delay and wrongly applied criminal law concepts to civil damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

2 Jan 2025

The case involves a writ petition filed by the Employees Provident Fund Organization (EPFO) challenging an order of the Employees Provident Fund Appel...

Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

Supreme Court

Supreme Court Dismisses Pension Claims of Former U.P. Roadways Employees Absorbed in Corporation - Employees Not Holding Pensionable Posts Under U.P. Civil Service Regulations. The Court held that employees of a temporary department of the State Government, absorbed in a statutory corporation, are not entitled to pension as they did not hold pensionable posts under the U.P. Civil Service Regulations.

26 Jul 2024

The Supreme Court dismissed a batch of civil appeals filed by former employees of Uttar Pradesh Roadways (a temporary department of the State Governme...

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

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 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

Bombay High Court Quashes Criminal Breach of Trust Charges Against Directors in PF Default Case — Mere Delay in Depositing Provident Fund Amount Does Not Constitute Criminal Breach of Trust Under Section 406 IPC. Explanation 1 to Section 405 IPC Requires Dishonest Misappropriation or Conversion, Not Mere Retention or Delay.

8 May 2012

The petitioners, Noshir Adi Soonawala, Ratan Naval Tata, Pratap Bhogilal, and Sudhir Thackersey, were original accused Nos.5, 7, 2, and 8 respectively...

High Court

Bombay High Court Allows Appeal in Provident Fund Nomination Dispute — Nominee Entitled to Receive Amount as Trustee for Heirs. Joint Nomination Creates Co-Trusteeship Under Employees' Provident Funds Act, 1952.

6 Apr 2010

The appellant, Antonio Joao Fernandes, filed a suit claiming 50% of the provident fund amount of his deceased cousin Joazinho Dias, who had nominated ...

High Court

Bombay High Court Dismisses Petition Challenging Damages Under Section 14-B of EPF Act for Delayed Contributions. Levy of Damages Under Section 14-B Does Not Require Mens Rea and Is Compensatory in Nature.

28 Nov 2006

The petitioner, Poona Shims Pvt. Ltd., challenged an order dated 30.6.1995 passed by the Regional Provident Fund Commissioner under Section 14-B of th...

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