Search Results for "principal employer liability"

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Search Results for "principal employer liability"

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High Court

High Court of Bombay at Goa Quashes Complaint Against Bank Manager in Contract Labour Act Case — Non-Display of Notices Not an Offence Under Section 24 of Contract Labour (Regulation and Abolition) Act, 1970. The court held that the obligation to display notices under Rule 74 of the Contract Labour (Regulation and Abolition) Central Rules, 1971 is on the contractor, not the principal employer, and therefore the complaint under Section 24 of the Act was not maintainable.

26 Mar 2014

The petitioner, the Chief Manager of Federal Bank Ltd., filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973, seek...

High Court

Bombay High Court Dismisses Appeal by Insurer in Employees' Compensation Act Claim; Holds Principal Employer Liable for Contractor's Employee. Insurance Company's Challenge to Compensation Award Rejected as the Employee Was Engaged by Contractor for Principal Employer's Work, Making Principal Employer Liable Under the Act.

5 Apr 2013

The dispute arose from an appeal under Section 30 of the Employees' Compensation Act, 1923 filed by the insurer, United India Assurance Co. Ltd., agai...

High Court

High Court of Karnataka Allows EPFO Appeal Against HMT Limited in Provident Fund Dues Recovery Case — Establishes That Public Sector Undertakings Are Not Exempt from EPF Act Coverage and Recovery Proceedings. The Court Held That the EPF Act Applies to All Establishments Covered Under Section 1(3) and That the Respondent's Financial Difficulties Do Not Bar Recovery of Statutory Dues.

27 Jun 2023

The case involves an appeal filed by the Regional Provident Fund Commissioner and the Recovery Officer of the Employees' Provident Fund Organization (...

High Court

Bombay High Court Allows ESIC Appeal in ESI Coverage Dispute - Section 2A and Regulation 10B Held Mandatory. Employer's Failure to Obtain Code Number Does Not Excuse Contribution Liability Under Employees State Insurance Act, 1948.

31 Jul 2017

The appeal was filed by the Employees State Insurance Corporation (ESIC) under Section 82 of the Employees State Insurance Act, 1948 against the order...

High Court

Bombay High Court Quashes Criminal Proceedings Against Chairman of Sugar Factory in Provident Fund Embezzlement Case Due to Lack of Sanction Under Section 14A of Employees' Provident Funds Act, 1952. Non-deposit of provident fund contributions cannot be prosecuted under IPC without prior sanction under the EPF Act.

26 Oct 2018

The petitioner, Dr. Ramprasad Ganeshlal Bajaj, was the Chairman of Jai Mahesh Sugar Industries, a private sugar factory. The factory deducted providen...

High Court

Bombay High Court Allows Appeal by Zilla Parishad in Motor Accident Compensation Case — Sets Aside Tribunal's Award Due to Lack of Vicarious Liability. Employer Not Liable for Accident Caused by Employee While Driving Personal Vehicle Without Employer's Knowledge or Permission Under Motor Vehicles Act, 1988.

27 Jul 2023

The case arises from a motor accident claim filed by the legal heirs of Rafik Khalifa (deceased) who died in a road accident on 18th August 2016. The ...

High Court

Bombay High Court Allows ESIC Appeal in Contribution Recovery Case — Limitation Period Under Section 77(1-A) of ESI Act Applies Only to Proceedings Before ESI Court, Not to Recovery Proceedings. The five-year limitation under proviso to Section 77(1-A)(b) does not bar the Corporation's claim for contribution for the period 1977-1996 when made before the ESI Court.

15 Jul 2015

The Employees' State Insurance Corporation (ESIC) filed an appeal under Section 82 of the Employees' State Insurance Act, 1948, challenging the judgme...

High Court

High Court of Karnataka Quashes ESIC Complaint Against Director for Non-Payment of Contribution Under Section 85(A) of ESI Act — Complaint Filed Without Proper Sanction and Authorization. Director Cannot Be Held Vicariously Liable Without Specific Averment of Role in Day-to-Day Management.

13 Feb 2014

The petitioner, Mr. Naseer Ahmed, a director of M/s Bombay Rayon Fashions Limited-Unit 16, filed a writ petition under Articles 226 and 227 of the Con...

High Court

Bombay High Court Allows Writ Petition by Employees' Union Against EPFO for Treating Provident Fund Account as Inoperative and Denying Interest. The court held that when an establishment is transferred as a going concern and employees continue in service, the provident fund account cannot be treated as inoperative under Paragraph 72(1) of the Employees' Provident Fund Scheme, 1952.

10 Mar 2015

The petitioner, Johnson & Johnson Employees' Union, a registered trade union, filed a writ petition under Article 226 of the Constitution of India see...

High Court

Bombay High Court Quashes Damages and Interest Order Against Educational Institution in EPF Case Due to Lack of Mens Rea and Non-Application of Mind. The court held that imposition of damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 requires consideration of the employer's fault, and the authority must apply its mind to the explanation offered.

11 Jun 2015

The petitioners, Shree Hanuman Vyayam Prasarak Mandal and the Principal Vidarbha Ayurved Mahavidyalaya, challenged an order dated 29.11.2005 passed by...

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