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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High Court

Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

17 Dec 2025

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

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 Affirms Need for Minority Establishment in AMU’s Minority Status Dispute" AMU’s Minority Status Under Scrutiny: Establishment by Legislature Versus Minority Founding Rights

8 Nov 2024

The Supreme Court judgment in Aligarh Muslim University v. Naresh Agarwal & Ors. primarily deals with the issue of minority rights in education, f...

Supreme Court

Supreme Court Upholds Retired Employees in Cooperative Bank Pension Dispute - Pension Scheme Cannot Be Unilaterally Discontinued After Employees Have Opted and Availed Benefits Under Punjab State Cooperative Agricultural Development Banks Employees Pension, Family Pension and General Provident Fund Rules, 1989. The Court held that pension is a deferred wage and accrued right, and amendments to service rules under Section 84A(2) of Punjab Cooperative Societies Act, 1961 must be prospective, protecting employees' legitimate expectations.

11 Jan 2022

The dispute arose from the Punjab State Cooperative Agricultural Development Bank Ltd.'s decision to discontinue a pension scheme introduced in 1989 f...

Supreme Court

Supreme Court Dismisses Appeal of Employer Seeking Exclusion of Retired Railway Employees from EPF Coverage. Retired Employees Who Withdrew Full GPF Accumulations Are Not 'Excluded Employees' Under Paragraph 2(f) of the Employees' Provident Funds Scheme, 1952, as the Term 'Fund' Refers Only to the EPF Fund Established Under the Act.

26 Mar 2019

The case involves an appeal by Modern Transportation Consultation Services Pvt. Ltd. and its director against the judgment of the Division Bench of th...

High Court

Bombay High Court Dismisses Union's Petition Challenging Transfer of Employees Under EPF Act — Transfer of Employees to Subsidiary Not a 'Transfer of Establishment' Under Section 7A of EPF Act

14 Sep 2018

The petitioner, Aviation Karmachari Sanghatana, a trade union representing employees of Pawan Hans Ltd. (respondent no.1), filed a writ petition chall...

High Court

High Court of Bombay Allows Official Liquidator to Keep Provision for EPF Claims in Winding Up of Navinon Limited. Court Directs Refund of Excess Payment to EPF Office Kandivali.

15 Mar 2017

This judgment arises from Official Liquidator's Report No.517 of 2015 in Company Petition No.1176 of 2001, concerning M/s.Navinon Limited (In Liquidat...

High Court

Bombay High Court Dismisses Educational Institutions' Challenge to Provident Fund Recovery — Upholds Applicability of EPF Act to Aided Schools and Colleges. Institutions Cannot Claim Exemption Under Section 16(1)(b) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 Once They Cease to Be Exempt Establishments.

27 Feb 2017

The judgment involves a batch of writ petitions filed by several educational institutions in Parbhani district, Maharashtra, challenging the applicabi...

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 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...

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