Search Results for "statutory contribution"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "statutory contribution"

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High Court

Bombay High Court Allows Appeal by Employer in ESI Contribution Dispute - Contractor's Employees for Construction and Maintenance Not 'Employees' Under Section 2(9) of ESI Act. The court held that work of construction and maintenance of buildings is not incidental to or connected with the manufacturing process of the factory, thus contractor's employees are not covered under the ESI Act.

2 May 2006

The appellant, Bajaj Tempo Limited, a public limited company engaged in manufacturing commercial vehicles, challenged an order dated 26.11.1990 passed...

High Court

Bombay High Court Decides Writ Petitions by District Supervision Cooperative Societies on Legality of Contribution Orders for Cooperative State Cadre Employment Fund; Examined Impact of Section 69A and Model Byelaws.

22 Apr 2010

The matter comprised a group of writ petitions filed by various District Supervision Cooperative Societies and Taluka Supervision Cooperative Societie...

High Court

Bombay High Court Allows PF Commissioner's Claim for Interest Under Section 7Q Up to Winding Up Date in Company Liquidation. Priority Under Section 11(2) of PF Act Extends to All Dues Including Interest, But Damages Under Section 14B Must Be Levied Prior to Winding Up.

6 Jan 2016

The Regional Provident Fund Commissioner, Thane, filed a Company Application challenging the adjudication order of the Official Liquidator of M/s. Zod...

Tribunals

NCLAT Allows Secured Creditor's Appeal Against Contribution Order in IBC Liquidation — Secured Creditor Realizing Security Under Section 52 Not Liable to Contribute to Workmen's Dues or Liquidation Costs. The court held that the waterfall mechanism under Section 53 IBC does not apply to secured creditors who opt out of the liquidation process, and Section 226(1)(b) of Companies Act, 2013 is inapplicable.

14 Jan 2025

The appeal was filed by Cosmos Co-Operative Bank Ltd., a secured creditor of Pandit Automotive Pvt. Ltd. (corporate debtor), challenging an order of 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

Karnataka High Court Dismisses Employer's Challenge to Provident Fund Damages for Delayed Remittance. Section 14B of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 Imposes Strict Liability Without Requiring Mens Rea.

21 Sep 2015

The petitioner, M/s HMT Limited, a Central Public Sector Enterprise, challenged the order dated 2.1.2004 passed by the Regional Provident Fund Commiss...

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 Schools' Petition Against EPF Damages Levy Under Special Scheme. Voluntary Coverage Under Employees' Enrollment Campaign, 2017, Assured No Penalty or Interest, and Respondent Estopped from Imposing Such Levies.

20 Jan 2022

The petitioners, Jijamata Public School and Jijamata Krushi Tantra Vidyalaya, are public schools run by a public trust established in 2003, engaged in...

High Court

Bombay High Court Allows Appeal in ESI Contribution Case Due to Limitation from Date of Receipt. Period of 60 days under Section 45AA of Employees' State Insurance Act, 1948 runs from date of communication of order, not date of passing.

12 Mar 2015

The petitioner, Buldana Urban Cooperative Society Ltd., challenged an order dated 22.3.2013 passed by the Deputy Director, Employees State Insurance C...

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...

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