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Employees' Provident Fund and Miscellaneous Provisions Act, 1952

32 judgments · newest first · showing 1–32

The TownversusRegional Provident Fund Commissioner I

Disposed Off

The petitioner, Talk of The Town, filed a writ petition challenging the Regional Provident Fund Commissioner’s order dated 3 January 2024 that rejected its review application under Section 7B of the Employees Provident Fund and Miscellaneous Provisions Act (EPF Act). The review was submitted as a …

MUTUAL AUTOMOTIVE PVT LTDversusREGIONAL PROVIDENT FUND COMMISSIONER

Disposed Off

Mutul Automotive Pvt. Ltd. filed a writ petition challenging a demand notice issued by the Regional Provident Fund Commissioner (RPFC) for Rs 1,73,39,748 under a Section 7A order dated 18 September 2023 of the Employees' Provident Fund Act. The company had also filed an appeal under Section 7I and …

REGIONAL PROVEDENT FUND COMMISSIONERversusRAJA RAM JAIPURIYA AND OTHERS

The Regional Provident Fund Commissioner appealed against the trial court's acquittal of the Managing Director and Manager of Swadeshi Cotton Mills Ltd., who had been tried alongside the company and its occupier for an alleged violation of Section 14(1A) of the Employees Provident Fund and …

SHAKTI YEZDANI & ANR.versusJAYANAND JAYANT SALGAONKAR & ORS.

2023 INSC 1076Dismissed

The testator, Jayant Shivram Salgaonkar, died leaving fixed deposits and mutual fund securities for which he had nominated certain family members under Section 109A of the Companies Act, 1956 and Bye‑law 9.11.1 of the Depositories Act, 1996. The nominees claimed that the nomination gave them …

M/S WRITERS AND PUBLISHERS PVT. LTD.versusDR. AK MISHRA, OFFICIAL LIQUIDATOR

2020 INSC 283Dismissed

The Supreme Court dealt with contempt petitions filed by M/s Writers and Publishers Pvt. Ltd. (WPL) seeking the disbursement of proceeds from the sale of Super Bazar assets after the Court had earlier ordered a full refund of WPL's investment with interest, subject to deduction of profits. The Court …

MISHRA AND NAVIN SINHA, JJ.]versusVIVEKANANDA VIDYAMANDIR AND OTHERS

2019 INSC 288Disposed off

The Supreme Court examined whether special allowances paid by various establishments, including an unaided school, to their employees fall within the definition of "basic wages" under Sections 2(b)(ii) and 6 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, for the purpose of …

CENTRAL BOARD OF TRUSTEESversusM/S INDORE COMPOSITE PVT. LTD.

2018 INSC 643Appeal(s) allowed

The Central Board of Trustees (CBT) issued summons under the Employees Provident Fund and Miscellaneous Provisions Act, 1952, directing M/s Indore Composite Pvt. Ltd. to pay outstanding provident fund contributions for 2005-06 and later ordered damages under Section 14B. The EPF Appellate Tribunal …

DAVALSAB HUSAINSAB MULLAversusNORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION

2013 INSC 652Dismissed

The appellant, a driver for the North West Karnataka Road Transport Corporation, travelled on a corporation bus without a ticket and subsequently abused and threatened the checking inspector, repeating similar misconduct the next day. A disciplinary enquiry found the misconduct proved, taking into …

REGIONAL PROVIDENT FUND COMMISSIONERversusTHE HOOGHLY MILLS CO. LTD. & ORS.

2012 INSC 39Appeal(s) allowed

The Regional Provident Fund Commissioner appealed against Hooghly Mills Co. Ltd., an exempted establishment under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, for defaulting on contributions. The High Court had held that the exemption barred the application of Sections 6, …

REGIONAL PROVIDENT FUND COMMISSIONERversusBHAVANI

2008 INSC 506Dismissed

Bhavani, a former employee of a Kerala cashew factory, claimed pension under the Employees' Pension Scheme, 1995, asserting she retired on 31‑12‑1995 based on her employer's service records showing her date of birth as 31‑12‑1935. The Regional Provident Fund Commissioner relied on its own records, …

MANIPAL ACADEMY OF HIGHER EDUCATIONversusPROVIDENT FUND COMMISSIONER

2008 INSC 345Appeal(s) allowed

The Manipal Academy of Higher Education challenged the inclusion of amounts received on encashment of earned leave as part of "basic wage" under Section 2(b) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, which would obligate the employer to make pro‑rata EPF contributions. …

RADHESHYAM AJITSARLA AND ANR.versusBENGAL CHATKAL MAZDOOR UNION AND ORS.

2006 INSC 359Disposed off

The Baranagore Jute Factory was ordered to be wound up in 1987 but a scheme of arrangement was later approved, allowing the mill to operate as a going concern under a committee of management. The scheme earmarked a fund with the High Court registrar for payment to pre‑scheme unsecured creditors, …

S.L. SRINIVASA JUTE TWINE MILLS P. LTDversusUNION OF INDIA AND ANR .

2006 INSC 85Appeal(s) allowed

Four jute mills filed writ petitions seeking a declaration that the 1998 amendment (Act 10 of 1998) removing clause (d) of Section 16 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 did not affect the "infancy protection" they had already accrued. The amendment eliminated the …

OTIS ELEVATOR EMPLOYEE UNION S. REG. AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 624Dismissed

The petitioners challenged the Employees' Provident Fund and Miscellaneous Provisions (Amendment) Act, 1996 and the Employees' Family Pension Scheme, 1995 on the ground that diverting 8.33% of the employer's contribution to a pension fund and providing a low return amounted to arbitrariness, …

M.P. SHIKSHAK CONGRESS AND ORS.versusR.P.F. COMMISSIONER, JABALPUR AND ORS.

1998 INSC 449Dismissed

The appellants, representing teachers and staff of aided non‑government schools in Madhya Pradesh, challenged orders of the Regional Provident Fund Commissioner directing contributions to the Employees' Provident Fund (EPF) for the period 1 August 1982 to 1 December 1988, alleging that the Madhya …

HINDUSTAN TIMES LTD.versusUNION OF INDIA AND ORS.

1998 INSC 6Dismissed

Hindustan Times Ltd., the employer, delayed remitting Employees' Provident Fund contributions for several periods between 1965 and 1968. The Department issued a notice in 1971 and, after a long lapse, a show‑cause notice in 1979, finally levying damages under Section 14‑B of the Employees' Provident …

THE REGIONAL PROVIDENT FUND COMMISSIONERversusS.D. COLLEGE, HOSHIARPUR AND ORS.

1996 INSC 1239Appeal(s) allowed

The Supreme Court considered an appeal by the Regional Provident Fund Commissioner against S.D. College, Hoshiarpur and other educational institutions for failing to deposit statutory EPF contributions after a 1988 Supreme Court order directing compliance. Despite the order, the respondents …

UNION OF INDIA AND ORS.versusVINOD KUMAR AND ORS.

1996 INSC 743Dismissed

The Union of India appealed against a promotion order that deviated from the rule of granting 50% of the quota and an additional two‑year benefit to Upper Division Clerks under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Section 5‑D(7)(a) of the Act requires prior approval …

REGIONAL PROVIDENT FUND COMMISSIONER, JAIPURversusM/S. NARAINI UDYOG AND ORS.

1996 INSC 701Appeal(s) allowed

The case concerned two companies, M/s Naraini Udyog and M/s Modern Steels, which were separately registered under the Companies Act but shared a common head office, branch, telephone facilities, clerical staff and other operational resources, indicating functional unity. The Regional Provident Fund …

BABUBHAI & CO. & ORS.versusSTATE OF GUJARAT & ORS

1985 INSC 80Dismissed

The State of Gujarat issued notices under section 54 of the Bombay Town Planning Act, 1954 and Rule 27 of the Bombay Town Planning Rules, 1955 demanding that lands occupied by Babubhai & Co. be handed over to the Municipal Corporation of Ahmedabad, as the lands had vested in the corporation under …

ORGANO CHEMICAL INDUSTRIES & ANR.versusUNION OF INDIA & ORS.

1979 INSC 123Dismissed

Organo Chemical Industries failed to remit provident‑fund and family‑pension contributions and was assessed damages of Rs 94,996.80 under s. 14B of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952. The petitioners challenged the provision on the ground that it violated Art. 14 by …