Search Results for "Employees' Provident Funds and Miscellaneous Provisions Act 1952"

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Search Results for "Employees' Provident Funds and Miscellaneous Provisions Act 1952"

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Supreme Court

Supreme Court Upholds Damages Against Employer in EPF Act Case for Default in Contributions. Levy of Damages Under Section 14B is Consequential Upon Default Without Requirement of Mens Rea for Breach of Civil Obligations.

23 Feb 2022

The appeals arose from a judgment of the High Court of Karnataka, which upheld an order for recovery of damages under Section 14B of the Employees Pro...

Supreme Court

Supreme Court Upholds Land Acquisition for Yamuna Expressway in Public Interest — Compensation Enhancement Granted. Land Acquisition Act, 1894 — Section 4, 6, 17 — Urgency clause invoked for development of expressway project — Court held that acquisition for planned development is valid and compensation must be fair.

2 Sep 2019

The Supreme Court heard a batch of appeals arising from land acquisition proceedings initiated by the State of Uttar Pradesh for the construction of t...

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 Writ Petition Challenging EPF Order Due to Non-Functional Appellate Tribunal. Alternate remedy under Section 7I of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 not a bar when tribunal is vacant.

11 Sep 2018

The petitioner, HVPM's Degree College of Physical Education, Amravati, through its Secretary, filed a writ petition under Article 226 of the Constitut...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Denial of Infancy Benefit Under Section 16(1)(b) of EPF Act — Hospital Established After Closure of Previous Unit Held Entitled to Infancy Exemption. The court held that the closure of the old hospital in 1989 and the subsequent establishment of a new hospital under a different trust with a new management structure constituted a new establishment under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

27 Apr 2017

The petitioner, Manipal Goa Cancer & General Hospital, challenged two orders: (a) an order dated 18/06/2007 by the Assistant Provident Fund Commission...

High Court

Bombay High Court Dismisses Petition by Central Board of Trustees Challenging Provident Fund Appellate Tribunal's Order on Damages Calculation. The court upheld the restriction of damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 to 25% of arrears as per the scheme specification.

28 Apr 2016

The Central Board of Trustees (petitioner) challenged an order of the Provident Fund Appellate Tribunal which restricted damages under Section 14B of ...

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...

High Court

Bombay High Court Dismisses Petition Challenging EPF Dues on Pigmy Deposit Collectors — Co-operative Bank Held Liable for Provident Fund Contributions. Pigmy Deposit Collectors are 'Employees' under Section 2(f) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and their commission constitutes 'Basic Wages' under Section 2(b).

7 Feb 2014

The petitioner, The Pachora Peoples' Co-op. Bank Ltd., a co-operative bank registered under the Co-operative Societies Act, 1960, and covered by the E...

High Court

Bombay High Court Allows Writ Petition Against Provident Fund Demand — Taj Residency Held Separate Establishment Entitled to Infancy Benefit Under Section 16(1)(d) of EPF Act. The court held that the Taj Residency, Nasik was a newly established hotel with separate identity and not a branch of Hotel President, Mumbai, and thus entitled to infancy protection under Section 16(1)(d) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

11 Feb 2011

The petitioners, Piem Hotels Limited and another, challenged an order of the Regional Provident Fund Commissioner (RPFC) dated 31 March 1999, which he...

High Court

Bombay High Court Allows Petitioner in Employees' Provident Funds Act Coverage Dispute — Expert Services Notification Interpreted Narrowly. Software Consultancy Services Not Covered Under Notification Dated 17th May 1971 Issued Under Section 1(3)(b) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

20 Sep 2006

The petitioner, Tata Consultancy Services Ltd. (TCS), challenged the decision of the Regional Provident Fund Commissioner and the Appellate Tribunal t...

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