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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...

Supreme Court

Supreme Court Allows Appeal of University Employee for Inclusion in Pension Scheme — Default Scheme Applies When No Option for Contributory Provident Fund is Exercised. The Court held that under University Statute Chapter 16.1(b)(i) and Office Order Clause IV, an employee who does not opt for Contributory Provident Fund is automatically entitled to the General Provident Fund-cum-pension-cum-gratuity scheme.

4 Mar 2025

The appellant was appointed as Junior Scientist cum Assistant Professor by the respondent-University in 1987. At the time of his appointment, the Univ...

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 Allows State's Appeal Against High Court Direction to Amend Pension Regulations for Statutory Board Employees. High Court Exceeded Jurisdiction by Directing Amendment of Regulation 52 of Orissa Khadi and Village Industries Board Regulations, 1960 When Regulation Explicitly Denied Pension Entitlement and Was Not Challenged as Invalid.

17 Mar 2023

The appeal arose from a dispute concerning pensionary benefits for employees of the Orissa Khadi and Village Industries Board. The State of Orissa cha...

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

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 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 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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