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Employees' Provident Funds and Miscellaneous Provisions Act, 1952

65 judgments · newest first · showing 1–65

SHUBHAM MAHILA VIKAS MANDALversusREGIONAL PROVIDENT FUND COMMISSIONER II

Disposed Off

M/s. Shubham Mahila Vikas Mandal obtained a Section 7A order ascertaining Provident Fund dues and a Section 7B order rejecting its review petition. The petitioner appealed to the Central Government Industrial Tribunal (CGIT) under Order 23 of the Code of Social Security, 2020, claiming lack of a …

NESTOR HOTELS PVT LTDversusASSISTANT PROVIDENT FUND COMMISSIONER KANDIVALI

Disposed Off

Nestor Hotels Pvt. Ltd. filed a writ petition before the Bombay High Court challenging the actions of the Assistant Provident Fund Commissioner, Kandivali. The petitioner argued that the High Court should entertain the petition despite the existence of an alternative remedy under Section 7‑I of the …

REGIONAL DIRECTORversusSHREE MAHILA GRUH UDYOG LIJJATPAPAD

38-RULE ABSOLUTE/ALLOWED @ FH

The Employees State Insurance Corporation (ESIC) issued notices demanding contribution from Shree Mahila Gruh Udyog Lijjat Papad, a society of women who roll papads at home, alleging that the society was an "establishment" under the Employees State Insurance Act, 1948. The ESIC Court had earlier …

REGIONAL DIRECTORversusSHREE MAHILA GRUH UDYOG LIJJATPAPAD

38-RULE ABSOLUTE/ALLOWED @ FH

The Employees State Insurance Corporation (ESIC) issued notices demanding contribution from Shree Mahila Gruh Udyog Lijjat Papad, a society of women who roll papads at home, alleging that the society was an "establishment" under the Employees State Insurance Act, 1948. The ESIC Court had earlier …

Jata Shankar SinghversusThe Union of India

DISPOSED

Jata Shankar Singh filed a writ petition alleging that the Employees' Provident Fund Organisation (EPFO) failed to create his Universal Account Number (UAN) and remit his provident fund contributions due to missing KYC details. The EPFO, through its counter‑affidavit, stated that the grievance was …

M/s Shivalok Gas AgencyversusEmployees Provident Fund Organisation and Ors

DISMISSED

The petitioner, Shivalok Gas Agency, challenged an order dated 03‑12‑2012 issued by the Regional Provident Fund Commissioner under Section 7‑A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, which deemed the agency covered by the Act and assessed a liability of Rs 2,15,163. …

M/S. KUNJ GLASS PVT. LTD.versusTHE ASSISTANT PROVIDENT FUND COMMISSIONER AND ANR.

Rule Made Absolute

The petitioner, M/s. Kunj Glass Pvt. Ltd., challenged an order dated 24 June 2008 in which the Competent Authority, exercising powers under Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, denied its request for documents and records that formed the basis of a …

M/S. STEEL STRONG VALVES (I) PVT. LTD.versusCENTRAL BOARD OF TRUSTEES

56-DISPOSED AT ADMISSION STAGE

M/s Steel Strong Valves (I) Pvt Ltd filed a petition under Articles 226 and 227 of the Constitution challenging a Section 7A order of the Employees Provident Funds Act that demanded a lump‑sum PF payment of Rs 67,67,894 without any calculation. The order arose after an enforcement officer found …

M/S TORINO LABORATORIES PVT. LTD.versusUNION OF INDIA & ORS.

2025 INSC 849Dismissed

The appellant, Torino Laboratories Pvt. Ltd., challenged the EPF authorities' decision to treat it as part of its sister company, Vindas Chemical Industries Pvt. Ltd., for the purposes of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The authorities had clubbed the two …

CHECKMATE SERVICES P. LTD.versusCOMMISSIONER OF INCOME TAX-1

2022 INSC 1069Dismissed

The appellants, including Checkmate Services Pvt. Ltd., deposited employees' EPF and ESI contributions after the statutory due dates and claimed deductions under s.36(1)(va) of the Income Tax Act, 1961. The Assessing Officer disallowed the deduction, holding that the amounts constituted "income" …

M/S. PAWAN HANS LIMITED & ORS.versusAVIATION KARMACHARI SANGHATANA & ORS.

2020 INSC 51Disposed off

The Supreme Court examined whether Pawan Hans Ltd., a government‑owned company, was exempt from the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) and whether its contractual employees were entitled to provident‑fund benefits. The trade union representing the contractual …

STATE OF H.P. & ORS.versusRAJESH CHANDER SOOD ETC. ETC.

2016 INSC 926Appeal(s) allowed

The Himachal Pradesh Government introduced the 1999 Pension Scheme for employees of state-owned corporations, replacing the Employees' Provident Funds Scheme, 1995. After a high‑level committee found the scheme financially unsustainable, the Government issued a notification on 2 December 2004 …

MCLEOD RUSSEL INDIA LIMITEDversusREG. PROVIDENT FUND COMMISSIONER, JALPAIGURI

2014 INSC 457Dismissed

The case concerned a tea estate (Mathura Tea Estate) that defaulted on EPF contributions. After the estate was taken over by Eveready Industries (later McLeod Russel India Ltd.), the new management argued it was not the "employer" liable for damages under Section 148 of the Employees' Provident …

M/S. P.G.F. LIMITED & ORS.versusUNION OF INDIA & ANOTHER

2013 INSC 155Dismissed

PGF Limited, which sold and developed agricultural land and ran joint‑venture schemes, was directed by SEBI to cease collecting money and to refund investors, on the ground that its activities constituted a collective investment scheme (CIS) under Section 11AA of the SEBI Act. PGF challenged the …

M/S L.N. GADODIA & SONS & ANR.versusREGIONAL PROVIDENT FUND COMMISSIONER

2011 INSC 712Dismissed

The Supreme Court considered whether two sister private companies, L.N. Gadodia & Sons and Delhi Farming & Construction Pvt. Ltd., should be treated as a single establishment under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Both firms shared common directors, a managing …

PEPSU ROAD TRANSPORT CORPORATION, PATIALAversusMANGAL SINGH AND ORS.

2011 INSC 387Appeal(s) allowed

The Supreme Court examined whether employees of the Pepsu Road Transport Corporation could claim pension benefits under a scheme introduced in 1992 despite not exercising the option to join the scheme or refunding advances taken from the employer's C.P.F. contribution as required by the …

KRISHAN LALversusSTATE OF HARYANA & ORS.

2009 INSC 912Dismissed

Krishan Lal challenged the appointment of respondent No.4 as Mechanist Grinder Instructor, alleging that the candidate did not satisfy the five‑year practical/teaching experience requirement and that the experience certificates were invalid because the issuing establishments had not deposited …

CENTRAL BANK OF INDIAversusSTATE OF KERALA AND ORS.

2009 INSC 286Dismissed

The Supreme Court examined whether the statutory first‑charge provisions in the Bombay Sales Tax Act (s.38C) and the Kerala General Sales Tax Act (s.26B) conflicted with the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (ORT Act) and the Securitisation and Reconstruction of …

BHARAT HEAVY ELECTRICALS LTD.versusESI CORPORATION

2008 INSC 191Case Allowed

Bharat Heavy Electricals Ltd. (BHEL), a public sector undertaking, received a notice under Section 45A of the Employees' State Insurance Act, 1948 for non‑payment of ESI contributions for the period 1981‑1991. BHEL argued that the workers were employed by contractors and therefore sought to implead …

ALL INDIA ITDC WORKERS UNION AND ORS.versusITDC & ORS.

2006 INSC 752Disposed off

The petitioners, employees of ITDC's Hotel Agra Ashok, challenged the Government of India's decision to disinvest the hotel by selling it to a private party, alleging the sale price was too low, the transfer of their services without consent violated Articles 14, 21 and 311, and that the Voluntary …

CEAT LTD.versusMURPHY INDIA EMPLOYEES UNION

2006 INSC 250Dismissed

The case arose from the merger of Murphy India Ltd. with CEAT Ltd., after which 45 workmen were appointed on a temporary basis on 1‑Feb‑1991 and placed on probation. A Memorandum of Settlement dated 29‑Apr‑1991 provided benefits to "permanent workmen" on the rolls as of 31‑Dec‑1990. The workmen …

EXPRESS PUBLICATIONS (MADURAI) LTD. AND ANR.versusUNION OF INDIA AND ANR.

2004 INSC 162Dismissed

The petitioners, Express Publications (Madurai) Ltd. and another, challenged the constitutionality of Paragraph 80(2) of the Employees' Provident Fund Scheme, 1952, which exempts newspaper employees from the income‑ceiling test for PF benefits. They argued that the provision arbitrarily singled out …

T.I. CYCLES OF INDIA, AMBATTURversusM.K. GURUMANI AND ORS.

2001 INSC 392Appeal(s) allowed

Workmen who retired from T.I. Cycles of India claimed that incentive wages paid for extra work should be treated as "wages" under Section 2(s) of the Payment of Gratuity Act, 1972 and thus be included in the calculation of gratuity under Section 4(2). The Controlling Authority and the Madras High …

M/S LAKSHMANI STONE PRODUCTS AND ORS.versusUNION OF INDIA AND ORS.

2001 INSC 53Dismissed

The appellants, Lakshmani Stone Products, operated stone quarries and performed crushing of stones. They challenged the applicability of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, arguing that no notification under Section 4 had listed stone quarries in the Schedule, and …

REGIONAL PROVIDENT FUND COMMISSIONERversusM/S K.T ROLLING MILLS PVT. LTD.

1994 INSC 534Appeal(s) allowed

MIS K. TROLLING MILLS Pvt. Ltd. failed to deposit Employees' Provident Fund contributions for the period July 1968 to October 1977. The Regional Provident Fund Commissioner initiated proceedings in 1985 and, under Section 14‑B of the EPF Act, levied damages of Rs. 52,034.80. The Bombay High Court …

SRIKANTA DATTA NARASIMHARAJA WODIYARversusENFORCEMENT OFFICER, MYSORE

1993 INSC 180Dismissed

The appellant, a director of Ideal Jawa (India) Ltd., was charged under Section 14A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 for failing to deposit EPF contributions for October‑December 1990. He contended that, as merely a director and not the occupier or manager, he …

DISTRICT EXHIBITORS ASSOCIATION MUZAFFARNAGAR AND ORS.versusUNION OF INDIA AND ORS.

1991 INSC 113Case Partly allowed

The District Exhibitors Association and other cinema theatre owners challenged a 30 April 1986 Government Notification that retrospectively extended the Employees' Provident Funds Scheme to cinema theatres employing five or more workers from 1 October 1984. They argued that the Notification was …

N.K. JAIN AND OTHERSversusC.K. SHAH AND OTHERS

1991 INSC 82Disposed off

The appellants, managers of an establishment exempted from the Employees' Provident Funds Scheme 1952 under Section 17, failed to make provident‑fund contributions to their own trust in 1974. The Provident Fund Inspector filed criminal complaints under Sections 14(1A), 14(2) and 14(2A) of the …

ESS DEE CARPET ENTERPRISESversusUNION OF INDIA AND ORS.

1989 INSC 376Dismissed

Ess Dee Carpet Enterprises, a partnership engaged in manufacturing and selling carpets in Rajasthan, challenged the applicability of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, on the ground that carpets were not "textiles" under Schedule I of the Act. The Regional …

FOOD CORPORATION OF INDIAversusPROVIDENT FUND COMMISSIONER AND ANR.

1989 INSC 328Appeal(s) allowed

The Food Corporation of India (FCI) was directed by the Employees’ Provident Fund (EPF) Commissioner to deposit contributions for workers employed by contractors at its depots in Rajasthan. FCI contended that it was denied a reasonable opportunity to produce evidence identifying those workers …

CEMINDIA CO. LTD.versusBACHUBHAI N. RAVAL

1987 INSC 197Appeal(s) allowed

Cemindia Co. Ltd., an engineering contractor engaged in the building and construction industry, operated a workshop solely for repairing its own equipment. Under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and Notification No. GSR 1398, the Regional Provident Fund …

MESSRS. P.M. PATEL & SONS AND OTHERS, ETC.versusUNION OF INDIA AND OTHERS, ETC.

1985 INSC 206Dismissed

The petitioners, beedi manufacturers, challenged the 1977 notifications that brought the beedi industry within Schedule I of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, arguing that home workers who roll beedis at their residences were not "employees" under section 2(f) …

SAYAJI MILLS LTD.versusREGIONAL PROVIDENT FUND COMMISSIONER

1984 INSC 242Dismissed

Hirji Mills Ltd., a textile factory, was wound up and its assets were sold to Sayaji Mills Ltd. The factory remained idle from December 1954 until November 12, 1955, when Sayaji Mills restarted operations, invested fresh capital, renovated machinery and re‑employed about 70% of the former workers. …

KATHEEJA BAIversusTHE SUPERINTENDING ENGINEER & ORS.

1984 INSC 107Case Allowed

The petitioner, Katheeja Bai, widow of a retired Tamil Nadu Electricity Board employee, claimed that the Board had failed to credit the special contribution mandated by Regulation 37 of the Board’s Contributory Provident Fund Regulations to her late husband’s provident fund account. The Board …

BANDHUA MUKTI MORCHAversusUNION OF INDIA & OTHERS

1983 INSC 203Disposed off

The petition, filed by a social welfare organisation, alleged that thousands of migrant workers in stone quarries and crushers in Faridabad were subjected to inhuman conditions, forced labour and bondage, violating their fundamental rights under Articles 21 and 23 of the Constitution. The Court …