CiteTEXT
...educational institutions by an order dated 16-1-2001 stating that the State Act would override the provisions of the EPF Act, 1952 and also observed that the educational institutions before him wo...the EPF Act, 1952 are applicable to the non-governmental educational institutions or not in view of the provisions contained in Section 16 of the EPF Act;...Bench of the Rajasthan High Court have not correctly appreciated and interpreted Section 16(1)(b) of the EPF Act, 1952 and have wrongly recorded that all educational institutions are unde...
...Commissioner v. Sanatan Dharam Girls Secondary School(2007) 1 SCC 268 and wherein the appellant herein was also the appellant before the Supreme Court. This judgment interprets Section 16(1)(b) of the ..., 1952’). Supreme Court has held that private schools which are governed and controlled by the State Acts of Education, would be “under the control of” the State as per the meaning of the expression as found in ..., 1952. Supreme Court in this judgment has clarified that there is a difference between the expressions “belonging to” and “under the control of” as appearing in Section 16(1)(b)...
...had been excluded within the provision of Section
16(1)(b) or (c) of the EPF & MP Act, 1952.
Learned counsel appearing on behalf of the petitioner contends
...Sharma, Advocate for
Mr. Raman Sharma, Advocate for the petitioner(s).
None for respondents No.1 and 2.
Mr. Gaurav Tangri, Advocate for the respondent(s)-EPFO....
*****
VINOD S. BHARDWAJ, J. (Oral)
Challenge in the present petition is to the order dated
21.05.1999 passed by the EPF Appellate Tribunal whereby the Food
Corporation of India...
...may be specified in the notification.6. On 1.8.1988 Sec. 16 was amended and the clause (b) of Sec. 16(1) of the EPF Act, 1952 was substituted b...Institutions and, therefore, the Institutions in question, which have filed the writ petitions are clearly excluded from the provisions of Central Act and the Central EPF Act 1952 is not ...part of this order, the learned Advocate General has very candidly stated before us that this order is indefensible in view of the provisions contained in Section 16(1)(b) of the EPF ...
...College is exempted from the EPOF fold as per Section 16(1) (b) of EPF & MP Act, 1952. In support of his submission, he relied upon the decision in the case of Regional Provident F..., he prays to allow the appeal. Section 16(1)(b) of the EPF Act, 1952 provides as under :-
"16(1) This Act shall not apply...District Forum, Rayagada in C.C.no. 291 of 2013 directing the appellant to act as per EPF & MP Act, 1952 and immediately open EPF account of respondent no. 1 and directing respondent no. 3 to ...
...exempted from the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (in short EPF Act) as per Section 16(1)(b) of the EPF Act. 2.The petitioner m...further under Section 7A of the EPF Act and determined a sum of Rs.1,86,79,161/- as liability for the dues from April 2001 to December 2013 by his order dated 23.05.2014 in ENF.B4/TN/SRO-TRY/76172/2014...-2015. The EPF authority has also passed a consequential order under Section 8F of the EPF Act dated 01.07.2014 to attach the account of the petitioner establishment for the dues as determined under...
...provisions of Employees Provident Funds and Miscellaneous Provisions Act 1952 (in short EPF and MP Act or the Act). The in.... The persons whose services are covered under the grant-in-code were those persons for whom the Act is not applicable under Section 16(1)(b) of EPF and MP Act, ...covered under Section 16(1)(b) of EPF Act namely, appointed under contract basis, casual labour etc. This exactly was the subject matter in the earlier order dated 01.10...
...in the year 1952. Further in 1988, clause (b) of section 16(1) of the EPF Act, 1952 was substituted by new clauses (b), (c) and (d). Amended ..., which was notified under Section 1(3)(b) of the EPF Act, 1952 and the respondent-RDA is covered by that notification and since the establishment has failed to comply ...respondent/RDA are being deducted and deposited regularly in Bank and, as such, by virtue of provision contained in Section 16(1)(c) of the EPF Act, 1952, the provision of ...
...Section 16(1) (b) of EPF & MP Act, L952.In support of his submission, he relied upon the decision in the case of Regional Provident Fund Commissioner vrs. Sanatan Dharam Girls Secondary School...:-
.16(1) This Act shall not apply -
(a) ...........
(b) To ang other establisltment belonging to or...Forum, Rayagada in C.C.no- 293 of 2013 directing the appellant to act as per EPF & MP Act, 1952and immediatbly open EPF account of respondent no. 1 and directing respondent no. 3 to visit...
...Dharma Girls Secondary School, was formulated in para 14 as under:
"Whether the provisions of the EPF Act, 1952 are applicable to the non governmental educational institutions or not in...satisfied both conditions
(1) and (2) mentioned earlier and as such they would fall within the exception contained under section 16(1)(b) of the EPF Act ...both the sides. Thrust of submission from the learned counsel for the petitioner was even if Section 16(1)(b) of the EPF Act makes arrangement to exclude certain institutions; it does not exclude ...
....”3-4. Further in 1988, clause (b) of section 16(1) of the EPF Act, 1952 was substituted by new clauses (b), (c) and (d). The amended p...dismissed the writ petitions filed by the Regional Provident Fund Commissioner and allowed the 21 writ petitions filed by different Educational Institutions by an order dated 16-1-2001 stating that the state Act would overr...purview of the EPF Act.23. Besides, the Central Act itself contemplates non-application of the Central Act in certain situations especially enumerated under section 16 of the ...
...Section 1(3)(a), 2-A and 16(1)(b) of the EPF Act submits that in view of the order dated March 14, 1988 passed by the Regional Provident Fund Commissioner, ther...effect from March, 1983 and it was not entitled to fresh infancy period under Section 16(1)(b) and thus it has been correctly found that Shree Syntex was amendable to EPF ...Section 16 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for Short EPF Act, 1952...
...the institutions had satisfied both Conditions (1) and (2) mentioned above and as such they would fall within the exception contained under Section 16(1)(b) of the EPF ...category specified in Section 16 of the Central Act. The appellant has invoked clause
(a) as well as clause (b) of Section 16 (1) of the Central ...Government and thus would fulfill even the first condition of Section 16(1) (b) of the Central Act.
23. As we have held that the establishment of the appellant fulfills...
...Section 16 of the EPF and MP Act, 1952 and the Scheme framed thereunder, the classes of establishment to which the said Act had been made applicable are categorically defined and classifi...EPF and MP Act, 1952. The provisions: contained in Section 16 of the EPF and MP Act, 1952 do not relate to the Bank. Banks like, State Bank o...No. 4 had admitted the relevant portion. i.e. Clauses (b) and (c) of Sub-section (1) of Section 16 of EPF and MP Act, 1952. Respondent No. 4 further s...
...obtained either under
16
RP.992/2012 & conn. cases 16 section 17(1C) or 16(1)(b) of the EPF ..., the same was not consented by the EPF Organisation. On the other hand, the authorities of the EPF Organisation had issued an order, dated 26.5.2009, purportedly under section 16(1)(b) of the ...not allowable, he should have stopped there; because he has no jurisdiction to grant exclusion under section 16(1)(b) of the EPF Act. It was observed that, at best the State Government can grant...
...any scheme for provident fund. Act No. 1 of 1982 has not made any provisions which were repugnant to the Employees Provident Fund Act, 1952. Art. 254(2), therefore, has no application in...institutions.18. A deeper consideration is necessary to appreciate application of second limb of Section 16(1)(b) of the Act.19. In Sanatan Dhara....20. Rajasthan High Court held that State Act would override the provisions of the EPF Act, 1952 and the educational institutions fall under the exception as provided under ...
...affected any scheme for provident fund. Act No.1 of 1982 has not made any provisions which were repugnant to the Employees Provident Fund Act, 1952. Art.254(2), therefore, has no applica...necessary to appreciate application of second limb of Section 16 (1) (b) of the Act.20. In Sanatan Dharam Girls Secondary School (supra), the educational instit...override the provisions of the EPF Act, 1952 and the educational institutions fall under the exception as provided under Section 16(1)(b) of the EPF ...
...
3-4. Further in 1988, clause (b) of section 16(1) of the EPF Act, 1952 was substituted by new clauses (b) (c) and (d). The amended provisi...Commissioner and allowed the 21 writ petitions filed by different Educational Institutions by an order dated 16.01.2001 stating that the state Act would override the provisions of EPF Act, 1952 and also observed th...conceded to the same before the High Court of Rajasthan. Thus it is clear that the Educational Institutions are outside the purview of the EPF Act.
23. Besides, the Central Act itself contemp...
...
3-4. Further in 1988, clause (b) of section 16(1) of the EPF Act, 1952 was substituted by new clauses (b) (c) and (d). The amended provisi...Commissioner and allowed the 21 writ petitions filed by different Educational Institutions by an order dated 16.01.2001 stating that the state Act would override the provisions of EPF Act, 1952 and also observed th...conceded to the same before the High Court of Rajasthan. Thus it is clear that the Educational Institutions are outside the purview of the EPF Act.
23. Besides, the Central Act itself contemp...
...
3-4. Further in 1988, clause (b) of section 16(1) of the EPF Act, 1952 was substituted by new clauses (b) (c) and (d). The amended provisi...Commissioner and allowed the 21 writ petitions filed by different Educational Institutions by an order dated 16.01.2001 stating that the state Act would override the provisions of EPF Act, 1952 and also observed th...conceded to the same before the High Court of Rajasthan. Thus it is clear that the Educational Institutions are outside the purview of the EPF Act.
23. Besides, the Central Act itself contemp...