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...the parties, the main writ petition is taken up for final disposal at the stage of admission itself. 3.The petitioner is covered by the Provision of the Employees' provident Fund ...contend that for levying damages under Section 14(B) of the Employees' provident Fund Act, mens rea must be shown to be in existence. In this case, there is no ...Employees' provident Fund Act for levying the damages. Questioning the same, the petitioner filed an appeal before...
...the parties, the main writ petition is taken up for final disposal at the stage of admission itself. 3.The petitioner is covered by the Provision of the Employees' provident Fund ...contend that for levying damages under Section 14(B) of the Employees' provident Fund Act, mens rea must be shown to be in existence. In this case, there is no ...Employees' provident Fund Act for levying the damages. Questioning the same, the petitioner filed an appeal before...
...Charanjit Talwar, J.:— This is an appeal by the Regional Provident Fund Commissioner challenging judgment dated 30th April, 1979, of the Addl. Sessions Judge, whereby the conviction imposed by a Magistrate on Sard...filed by the complainant has, however, great force. Mr. Chawla, learned counsel for the applicant/appellant submits that the application having been filed by the Regional Provident Fund Commissioner is to be held to have been filed ...section 44(3) of the Act, the Regional Provident Fund Commissioner cannot be deemed to be an Inspector appointed under Section 13. That provision reads:“(3) No court shall take cogni...
...for the first respondent/Employees' Provident Fund Organization.
2. The petitioner is an assessee coming within the purview of Employees' Provident Fund Organization. The ...PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the First...Respondent in his file reference No. TN/MDU/42662/PDC/CircleM7/8F/2016, dated 05.01.2017 and quash the order of the First Respondent and to direct the Second Respondent not to freeze the petitioner Bank...
...delivered byG.R. Swaminathan, J.:— The petitioner is an establishment covered by the Employees Provident Fund Act. The petitioner did not remit the contribution paid for...to have a look at the order impugned in this writ petition. By the order impugned in this writ petition, damages under Section 14 B of the Employees Provident Fund Act,...Employees Provident Fund Act. Challenging...
...1. The appellant management was sought to be prosecuted for its failure to contribute its contribution towards Employees Provident Fund during the years 1987 to 1989 under Section ...contribution to the Employees Provident Fund in terms of the prescriptions made in the Act and the scheme framed thereunder. Therefore, it cannot be said that initiation of the prosecution against...Writ of Mandamus declaring that the launching of prosecution against it by the authorities of the Provident Fund in S.T.C. Nos. 512 to 519 of 1990 on the file of the 3rd respondent as ill...
...Seventy Nine Thousand One Hundred and Sixty Nine only) towards interest, under Sections 7Q and
14 B of Employees Provident Funds and Miscellaneous Provisions Act, 1952. The g...petitioner may be provided with a copy of the order, passed under Section 14B of the Employees Provident Fund Act, so that the petitioner can challenge the same before Central Government ...specific stand that the order passed under Section 14B of Employees Provident Fund Act, was not served upon the petitioner. Yet another stand taken by the petitioner's counsel is that in the order...
...A.P Sen, J.— This is a petition under Article 32 of the Constitution by M/s Organo Chemical Industries, Sonepat directed against an order of the Regional Provident Fund Commissioner, Chandig...habitual defaulters in the matter of making contributions to the Employees' Provident Fund, Family Pension Scheme and payment of administrative charges from the very inception. They have deliberately conce...contributions to the Provident Fund, and in the meanwhile utilising both their own contribution as well as the employees' contribution, in their business. The provision contained in Section 14-B for recove...
...Recovery Proceedings against the Petitioner under Section 14(B) of the Employees Provident Fund and Miscellaneous Provisions Act for the period 10/1993 to 06/1998 pursuant to Ext.P4 and P....
iii. To declare that the Petitioner is not liable to pay any amount towards damages under Section 14 (B) of the Employees Provident Fund and Miscellaneous Prov...period 10/1993 to 06/1998 pursuant to Ext.P4 and P5.
iv. To declare that the 3rd Respondent is liable to pay damages under Section 14(B) of the Employees Provident ...
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PASSED UNDER SECTION 14-B OF THE EMPLOYEES
...)./RO-BNG(ELC)/46294/14B/327/2024-25
DATED 29.07.2024 (ANNEXURE-A). QUASH THE ORDER PASSED UNDER SECTION 14-B OF THE EMPLOYEES
PROVIDENT FUND AND MISCELLANEOU...ORDER
The petitioner is before this Court aggrieved by the order dated 29.07.2024 passed by the respondent under Section 14-B of the Employees' Provident Fund and Miscellan...
...respondents passed under Section 14(b) of the Employees Provident Fund Act. The relevant portion of the order reads as follows:—
As far as the second aspect is co...liberty to the petitioner to file an appeal before the Employees Provident Fund Appellate Tribunal in accordance with the provision of the Employees Provident Fund Act. Till such...Prayer : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Certiorari, against the orders of the respondents under Section 14-B ...
...Employees Provident Fund Act (1952), Section 14-A —held that the first sub-section would be confined only to officers in the immediate charge of the management of the co...appellant, Girdharilal Gupta, does not come within the purview of Section 23-C(1) or Section 23-C(2) of the Act. Sections 23-C(1) and 23-C(2) read as follows:“23-C. (1...Mathur, J., in construing Section 27 of the Drugs Act, 1940, a provision similar to the one we are concerned with, observed:“There can be directors who merely lay down...
...prosecuted along with a firm Jai Bharat Metal Industries under Section 14 of the Employees' Provident Fund Act, 1952, read with Para 76 of the scheme framed under that ...Employees' Provident Funds Act would have elapsed on November 13, 1967, and no prosecution for the breach of the section in respect of 1964 and 1965 could have been started in these three cases. O...' Provident Funds Act, 1952 was passed to provide for institution of provident funds for employees in factories and other establishments. It provided for the establishment of a fund in th...
...to be passed under Sections 14 B and 7 Q of the Employees' Provident Fund Miscellaneous Provisions Act, on 28.03.2025.
3. Challenging the order passed under ...Employees' Provident Fund Miscellaneous Provisions Act. In such circumstances, in case, if the establishment succeeds before the appellate authority and the order under Section 14-B of th...' Provident Fund Miscellaneous Provisions Act, is set aside the same would have an effect in the order passed under Section 7Q of the Employees' Provident Fund Miscellaneous Prov...
...Section 14-A of the Employees Provident Fund Act read with para 76 of the Employees Provident Fund Scheme. The charge agains.... The learned Magistrate in view of the non-production of form 5-A held that the respondents were not proved to be responsible for payment of provident fund and, accordingly, gave them benefit of ...to a firm means a partner in the firm.”5. From a reading of Section 14-A, it is clear that when an offence is committed by a company under the Employees' Provident ...
...respondent for imposing the damages upon the petitioner are unsustainable in law and are in violation of the provisions contained in Section 14 B of the Employees Provident ...interim order passed by the Employees Provident Fund Appellate Tribunal, New Delhi. Petitioner is the appellant before the Tribunal. The Tribunal by Ext.P6 interim order dated 9/8/2012 directed the...petitioner to deposit a sum of Rs. 8 lakhs within four weeks from the date of the order. Petitioner is aggrieved by the direction to deposit Rs. 8 lakhs within four weeks as a condition for stay. Ext.P6...
...Section 14(a) of Employees Provident Fund Act, the learned counsel for respondent no.3 on instructions submitted that the matter is pending consideration before the DRT, wherein interim o...against respondents no.1,2 and 3 under Section 14A of the Act for non-payment of EPF dues for their failure to deposit the EPF dues deducted from the salaries of the employees...; v. Direct the fifth respondent to initiate prosecution action against respondents 1, 2 and 3 for non-payment of ESI dues in respect of employees; vi. Direct the...
...E.P.F.C.P.1 No.TN/MDU/29759/Recy 2010530/Circle 18/2010 for recovering the damage under section 14(B) and interest under section 7(Q) of the employees Provident Fund and ...authorities processed the proposal sent on behalf of Krishnasamy and he was being paid the pension. While so, the Assistant Provident Fund Commissioner has passed an order dated 10.11.2009 under Section 14.... 3. Challenging the order passed by the first respondent under Section 14(B) of the Act, the petitioner filed a statutory appeal before the Employees Provident ...
...(Civil) No. 20999-21000/2005. The said writ petitions were filed by the appellant impugning the order dated February 23, 2001 passed by the Regional Provident Fund Commissioner, Kanpur levying the penalty under ...appellant is regarding quantum of penalty imposed under Section 14-B of the "Act". The appellant admits defaults in payment of employees Provident ...in column 1 "damages" is payable or the percentage mentioned under column 3 under the head "Total" is payable under Section 14-B of the "Act".
5. The...
...of 1978 by which the learned Magistrate has taken cognizance against the petitioners for an offence punishable under section 14 of the Employees Provident Fund & Miscell...for having committed an offence under para 76 of the Employees Provident Fund Scheme read with section 14 (1-A), 14 (2-A) and 14(A)(1) and 14 AA of the ...complainant who happened to be the Provident Fund Inspector, Bihar, Ranchi.3. Against the order taking cognizance this application has been filed by the petitioners but it appears that the...