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Bombay High Court Disposes of Writ Petition Challenging Arbitrary Damages Under Provident Fund Act; Directs Recalculation as per Clause 32A of the Scheme. Damages at Rates Up to 100% Per Annum Found Not Related to Delay; RPFC Directed to Redetermine Quantum After Hearing Consistent with Precedent.

The petitioner, M/s. Standard Meter Mfg. Company, an establishment covered under the Employees’ Provident Funds and Miscellaneous Provisions Act, 19...

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Madras High Court Allows Writ Appeal by Employees Provident Fund Board, Remands Maintainability Issue for Adjudication on Merits. Held That Regional Provident Fund Commissioner Has Locus Standi to Challenge Appellate Tribunal Order Under Article 226 of Constitution and Sections 5-C/7-I of EPF Act.

The dispute arose from proceedings under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. The Regional Provident Fund Commissione...

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Bombay High Court Allows PF Commissioner's Challenge Against Official Liquidator's Rejection of Damages and Interest Claims in Winding Up. Priority under Section 11(2) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 extends to damages under Section 14B and interest under Section 7Q.

The Regional Provident Fund Commissioner, Thane, filed a Company Application challenging the adjudication order of the Official Liquidator, High Court...

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Bombay High Court Allows Petition Challenging Clubbing of Establishments Under EPF Act — Functional Integrality Not Established. Commissioner's Order Set Aside as He Ignored Enforcement Officers' Reports Without Cogent Reasons.

The petitioner, M/s.Shreeji Plastics, a registered partnership firm, challenged an order dated 15th March 1995 passed by the Regional Provident Fund C...

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Bombay High Court Quashes Damages Levy for Delayed PF Contributions Due to Financial Hardship and Change of Management. Employer's Delay from 1973 to 1987 Condoned as No Mens Rea Established and Subsequent Compliance Shown.

The petitioner, M/s. Sangam Press Pvt. Ltd., challenged an order of the Regional Provident Fund Commissioner (RPFC), Pune, imposing damages for delaye...

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Bombay High Court Dismisses Petition Challenging Damages Under Section 14-B of EPF Act for Delayed Contributions. Levy of Damages Under Section 14-B Does Not Require Mens Rea and Is Compensatory in Nature.

The petitioner, Poona Shims Pvt. Ltd., challenged an order dated 30.6.1995 passed by the Regional Provident Fund Commissioner under Section 14-B of th...

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Bombay High Court Examines Applicability of Employees' Provident Funds Act to Pigmy Agents of Cooperative Banks. Writ Petitions Filed by Both Banks and Provident Fund Authorities Challenge Tribunal Orders on Coverage of Such Agents Under Section 18(3)(d) of Industrial Disputes Act, 1947.

A group of writ petitions came before the Bombay High Court, Nagpur Bench, filed by multiple cooperative banks and by the Assistant Provident Fund Com...

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Madras High Court Sets Aside EPF Damages Against Liquidated Cooperative Society Due to Lack of Registrar's Leave Under Tamil Nadu Cooperative Societies Act. Section 141 Bar Precludes Proceedings Without Prior Leave; EPF Authority Directed to File Claims Before Liquidator.

The case involves a writ appeal against a Single Judge's order that restored the levy of damages under the Employees' Provident Funds and Miscellaneou...