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Search Results for "Provident fund"

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High Court

Bombay High Court Dismisses Ex-Promoters' Gratuity Claims, Holds Directors in Control Not 'Employees' Under Payment of Gratuity Act. Founders who were in absolute control of company affairs cannot claim gratuity as employees despite drawing salary, as they fall outside the definition of 'employee' under Section 2(e) of the Payment of Gratuity Act, 1972.

20 Aug 2024

The petitioners, Anil Govind Ganu and Ashwini Anil Ganu, were the founders and directors of Innovative Technomics Pvt. Ltd. They claimed gratuity for ...

High Court

High Court Dismisses Writ Petition of Assistant PF Commissioner Due to Delay and Laches in Challenging EPF Damages Order. Petition filed nearly three years after impugned order without explanation for delay, and no merit found in challenge to damages calculation under Para 32A of EPF Scheme, 1952.

8 Aug 2023

The Assistant Provident Fund Commissioner (petitioner) filed a writ petition under Article 227 of the Constitution of India before the High Court of K...

High Court

High Court of Karnataka Quashes EPF Assessment Order Against Employer for Lack of Jurisdiction and Violation of Natural Justice. Employer's Challenge to Section 7A Proceedings Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952 Succeeds as Show-Cause Notice Was Not Served and Order Was Passed Without Proper Inquiry.

1 Feb 2023

The petitioner, M/s. IBM India Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 15.07....

Supreme Court

Supreme Court Allows Appeal of Provident Fund Office Against Garment Company — Holds Home-Based Women Workers Are Employees Under EPF Act. Piece-Rate Payment and Work From Home Do Not Exclude Workers from Definition of 'Employee' Under Section 2(f) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

24 Jul 2019

The present civil appeal arose from a challenge to the Bombay High Court's order dated 27.04.2012, which had set aside the Provident Fund Officer's de...

High Court

High Court of Karnataka Dismisses Petition Challenging Levy of Damages Under Section 14B of EPF Act for Delayed Contributions. Financial Difficulty or Sickness of Establishment Not a Valid Ground for Waiver of Damages Under Section 14B of Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

6 Apr 2017

The petitioner, Belgaum Co-operative Cotton Spinning Mills Ltd., a sick industrial unit, filed a writ petition under Articles 226 and 227 of the Const...

High Court

Bombay High Court Dismisses Petition by Assistant Provident Fund Commissioner Challenging EPF Appellate Tribunal's Order Setting Aside Section 7A Assessment. Identification of Beneficiaries is Essential Before Determining Provident Fund Dues Under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

5 Apr 2017

The case involves a challenge by the Assistant Provident Fund Commissioner and the Central Board of Trustees against an order of the Employees Provide...

High Court

Bombay High Court Allows Appeal by Employer in Industrial Dispute — Tribunal Award Set Aside for Lack of Jurisdiction. The Court held that the Industrial Tribunal had no jurisdiction to entertain the reference as the dispute was not an industrial dispute under the Industrial Disputes Act, 1947.

7 Mar 2017

The present appeal is directed against the order passed by the learned Single Judge in Writ Petition No.4009/1997, on 19th of September, 2007. The pre...

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 Petition Challenging PF Applicability and Dues for Seasonal Cotton Processing Unit. Employer's failure to produce records despite multiple opportunities leads to confirmation of liability under Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

5 Jul 2011

The petitioner, M/s Ranisati Ginning Factory, a proprietorship engaged in cotton processing, filed a writ petition under Articles 226 and 227 of the C...

Tribunals

NCLAT Allows Appeal by Successful Resolution Applicant Against EPFO Claim for Pre-CIRP Dues, Holding That Resolution Plan Approved Under IBC Is Binding on All Stakeholders Including Statutory Authorities. The tribunal ruled that EPFO's failure to file claim during CIRP results in extinguishment of dues, and the corporate debtor gets a clean slate post-resolution.

30 Nov -0001

The case involves two appeals arising from an order of the National Company Law Tribunal (NCLT), Mumbai Bench, dated 03.07.2024, which allowed an appl...

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