Search Results for "Provident Fund Dues"

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Search Results for "Provident Fund Dues"

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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 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...

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

Bombay High Court Allows Writ Petition Challenging PF Damages and Interest Due to Non-Functioning of Appellate Tribunal — Directs Reconsideration of Damages Under Section 14-B of EPF Act. The court held that damages under Section 14-B are not automatic and require consideration of mitigating circumstances, and interest under Section 7-Q is compensatory but can be modulated.

2 Aug 2006

The petitioners, Cable Corporation of India Ltd. and another, challenged an order passed by the Regional Provident Fund Commissioner directing them to...

High Court

Bombay High Court Quashes Prohibitory Order Against Contractor in EPF Recovery Proceedings — Third Party Debtor Cannot Be Restrained Without Proper Adjudication Under Section 8G of EPF Act. The court held that a prohibitory order under Section 8G of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 requires prior determination of the debt owed by the third party to the employer, and cannot be issued solely on the basis of a recovery certificate against the employer.

18 Nov 2025

The petitioner, B.T. Kadlag Constructions, a private limited company, filed a writ petition under Article 227 of the Constitution of India challenging...

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...

High Court

Bombay High Court Dismisses Second Appeal by Widow and Children, Upholding Mother's Share in Son's Provident Fund and Insurance Amounts. Mother of deceased employee held entitled to share as Class I heir under Section 8 of Hindu Succession Act, 1956, in provident fund, gratuity, and insurance proceeds.

16 Oct 2019

The case involves a dispute over the distribution of provident fund, gratuity, and insurance amounts payable upon the death of Ramesh, who died on 09/...

High Court

High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Payment of Provident Fund Dues from Bank Sale Proceeds. Section 11(2) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 creates a first charge over assets of the establishment, overriding the claims of a secured creditor under the SARFAESI Act.

16 Jun 2026

The petitioner, the Regional Provident Fund Commissioner-I, Employees' Provident Fund Organisation, filed a writ petition under Articles 226 and 227 o...

High Court

Bombay High Court Dismisses Petition Challenging EPF Attachment Over SFC Sale Property. Section 11(2) of EPF Act, 1952 creates overriding first charge on assets, enforceable against purchaser in SFC sale, not limited to insolvency or winding up.

28 Mar 2006

The petitioner, M/s. Indus Agro Products, was a purchaser in a sale conducted by the State Financial Corporation under the State Financial Corporation...

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