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Oct 18 2013 (SC)

Arcot Textile Mills Ltd. Vs. Reg. Provident Fund Commissioner and ors.

Court : Supreme Court of India

..... the judgment and order dated 21.4.2011 passed in w.p. no.7046 of 2008 by the learned single judge holding that the order passed by the assistant provident fund commissioner under the employees provident funds and miscellaneous provisions act, 1952 ( for brevity the act ) requiring the appellant to remit a sum of rs.94,27,334/- towards interest under section 7q of the ..... request, the detailed working of interest, amount to rs.94,27,334/- on account of delay in remission of the statutory dues under the employees provident fund and miscellaneous provisions act, 1952 had not been provided by the assistant provident fund commissioner. it is further submitted that in fact an amount of rs.34 lakhs has already been deposited by the petitioner towards the interest under ..... act for belated remittances, was to be assailed in appeal before the employees provident funds appellate tribunal (for short the tribunal ) and, therefore, it was appropriate on the part of the appellant to take recourse to the alternative remedy and not to approach the high ..... the loss sustained by them. the entire amount of damages awarded under section 14b except for the amount relatable to administrative charges is to be transferred to the employees provident fund. (see organo chemical industries and another v. union of india and others[2].) 16. presently we shall refer to 7q of the act. it is as follows:- 7q. interest payable .....

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Mar 21 2013 (SC)

Essa @ Anjum Abdul Razak Memon Vs. State of Maharashtra Tr.Stf,cbi Mum ...

Court : Supreme Court of India

..... in isolation. statutes have to be construed so that every word has a place and everything is in its place. 350) in employees provident fund commr. vs. official liquidator, air 201.sc 11.the question arose as to whether priority given to the dues payable by an employer under ..... section 11 of the employees provident funds and miscellaneous provisions act, 1952, is subject to section 529-a of the companies act, 1956 in terms of which the workmen s ..... .e. the workers employed in factories and other establishments, who have made significant contribution in economic growth of the country. the workers and other employees provide services of different kinds and ensure continuous production of goods, which are made available to the society at large. therefore, a legislation made for ..... 7 scc 291.textile labour assn. and anr. vs. official liquidator and another, (2004) 9 scc 741.maharashtra state coop. bank ltd. vs. assistant provident fund commr. and ors. (2009) 10 scc 123.observed: the epf act is a social welfare legislation intended to protect the interest of a weaker section of the ..... life imprisonment without possibility of release shall be imposed for offences committed by persons below 18 years of age. 356) aims of juvenile justice provide that the juvenile justice system shall emphasize the well-being of the juvenile and shall ensure that any reaction to juvenile offenders shall always be .....

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Sep 24 2013 (SC)

Davalsab Husainsab Mulla Vs. North West Karnataka Road Trans.Corp.

Court : Supreme Court of India

..... service is sustained. the said affidavit is dated 2nd may, 2013. the deputy chief law officer has referred to para 12(8) of the employees pension scheme, 1995 formulated under section 6a of the employees provident fund and miscellaneous provisions act, 1952 (act 19 of 1952) which specifically states that if a member ceases to be in employment by way of retirement or otherwise ..... other workmen and so on and so forth. it should always be remembered that any misplaced sympathy would cause more harm to the establishment which provides source of livelihood for many number of employees than any good for the employee concerned. it will be worthwhile to refer to the repercussions that would result in the event of any misplaced sympathy shown to an ..... the workman would deprive him and his family members of the source of livelihood, while on the other hand the employer having provided the opportunity of employment to the concerned workman would be equally entitled to be ensured that the employee concerned maintains utmost discipline in the establishment and duly complies with the rules and regulations applicable to the establishment. in that .....

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May 07 2013 (FN)

Dharmakeerthi Ranathungage Gamini Senadheera and Others Vs. Commission ...

Court : Sri Lanka Supreme Court

..... no. 27 of 1941. 2. the shops and office act (regularization of employment and remuneration) no. 19 of 1954. 3. the industrial disputes act no. 41 of 1950. 4. the employees' provident fund act, no. 15 of 1958. 5. the termination of employment (special provisions) act, no. 45 of 1971. 6. the payment of gratuities act, no. 12 of 1983. " the educational and ..... new post whichever is later, subject to clause 1:10. clause 1:11 further provides that ante-dating will not in any case be allowed, if the substantive appointment is made on the results of a competitive examination. rule 31 of the procedural rules of ..... in nature and conducted at two different time periods, except the i.q. test paper. it is also observed that clause 1:9 of chapter ii of the establishments code provides that the effective date of appointment or promotion is the date specified in the letter of appointment or the date on which the officer first assumes the duties in his ..... . c. that rule 31 of the procedural rule, issued by the public service commission and published in the gazette (extra-ordinary) no. 1589/30 dated 20.02.2009 does not provide for antedating of appointments. the modes of examination as set out in the gazette notification 1473 dated 24.11.2006 is as follows:- (a) open competitive examination (i) aptitude question .....

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Sep 06 2013 (SC)

Punjab School Education Board Vs. Dalip Chand and ors.

Court : Supreme Court of India

..... the respondent in the department of education, punjab be treated as qualifying service for the purpose of pension under the punjab school education board (employees pension, provident fund and gratuity) regulations, 1991 (for short the regulations 1991 ).3. the respondent-herein was recruited as clerk by the punjab subordinate service selection ..... board were asked to give option to be governed either by the pension regulations or by the provident fund regulations. the respondent opted to be governed by the pension regulations.5 ..... cpf under the punjab school education board (provident fund) regulations, 1970, since at that time service in the board was not pensionable. service in the board was later made pensionable under the 1991 regulations w.e.f. 01.04.1991. all the employees who were employed after the inception of the ..... to take on record notification dated 17.03.2011 issued by the punjab school education board (for short, the board ) under which an employee shall be eligible to add his service qualifying for superannuation pension, but not for any other pension. it further shows that benefit can be ..... the claim of the respondent was rejected by the board on the ground that the benefit of regulation 6 would apply only to those employees who had joined the service of the board either on transfer or on deputation and were subsequently absorbed in the board. further it was .....

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Sep 23 2013 (SC)

State of Rajasthan Vs. A.N. Mathur and ors.

Court : Supreme Court of India

..... in our opinion, the order dated 3rd june, 2011 passed by the appellant, whereby both the resolutions passed by the university in relation to giving options to its employees for changing the contributory provident fund scheme to the pension scheme, is absolutely just and legal. we are, therefore, of the view that the high court was not correct while quashing and setting ..... deprived of the benefit of the pension scheme, and the university had to make necessary accounting adjustments for making payment of the provident fund to the employees, which the employees were entitled to upon their retirement. some of the employees are very much in service and therefore, there was no question of any recovery and the university had to merely pass necessary ..... either working under the university and now retired or they are still in the employment of the university.5. the university had framed a provident fund scheme for its employees. accordingly, in the past, upon retirement, the employees of the university used to get their own contribution as well as contribution of the university by way of retiral benefits as per the ..... december, 2000, the board of management of the university passed a resolution whereby it gave an option to its employees to either continue under the contributory provident fund scheme or to opt for a pension scheme under the pension rules, 1990. certain employees had opted for the pension scheme. once again, the board of management of the university passed another resolution on .....

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Jun 25 2013 (SC)

Sanchari Devi and ors Vs. Ara Municipal Corporation and ors

Court : Supreme Court of India

..... cannot take advantage of such a disability caused by the municipal corporation itself and deny their statutory right to pension under the rules. moreover, the two employees have also not received part or whole of provident fund contribution although they have retired in 1996 and 1997 and hence they could not have been deemed to have exercised their option to retain existing ..... is not received within the period so fixed, it will be deemed that they would retain the existing contributory provident fund. (ii) municipal employees who retired before the date of effect of this rule and have received the part or whole amount of provident fund contribution will not be eligible for the pension.6. a bare reading of the rules 1 and 4(i ..... the bihar municipal officers and servants pension rules, 1987 and shall apply to all permanent employees of the municipalities and notified area committees.4. (i) municipal employee on roll on the date of confirmation of this rule and who had subscribed to the contributory provident fund under provident fund rules and want to be governed by these rules shall have the option to do so ..... will be deemed as if he has exercised his option to retain the existing contributory provident fund. the option was, therefore, a right of the employee either to continue with the contributory provident fund or to switchover to pension under the rules and the statutory right of the municipal employee to receive pension was not dependent upon the exercise of option as held by the .....

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Nov 13 2013 (SC)

Calcutta Port Trust and ors. Vs. Anadi Kumar Das (Capt) and anr.

Court : Supreme Court of India

..... years and 4 months of continuous service. at the time of my appointment there was no pension scheme for the employees of the calcutta port trust and as such like all other employees i was given the benefit of contributory provident fund scheme. since the time of my retirement. i have no contact with my office. during the tenure of my ..... provident fund benefits inclusive of interest thereof. a true copy of the said circular which your petitioner collected from the petitioner ..... another opportunity for exercising fresh option to the retired class i and class ii officers who retired from service after 1st august, 1982 with contributory provident fund benefits and till 1st january 1986 was given by the calcutta port trust provided such retired employees exercised their option within 30th june, 1986 and is agreeable to refund the trustees contribution towards the contributory ..... class-ii officers who were in service on 1st august, 1982 but have retired from service with contributory provident fund benefits after 1st august 1982 and till the date of issue of the said government order dated 30th november, 1984 provided such retired employees exercise their option by 31st may 1985 and is agreeable to first refund the trustees contribution towards the .....

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Mar 13 2013 (SC)

Allahabad Bank Vs. A.C.Aggarwal

Court : Supreme Court of India

..... f. 14.3.1890. after 22 years, the board of directors of the appellant s predecessor passed resolution dated 2.3.1912 vide which the benefit of contributory provident fund was extended to the employees. the appellant s predecessor was nationalized in 1969 along with 13 other commercial banks through the banking companies (acquisition and transfer of undertakings) ordinance, 1970, which was ..... members of the association had voluntarily opted for the pension scheme and, as such, they are not entitled to gratuity. according to the appellant, all the employees were paid the amount of contributory provident fund and pension in terms of the option exercised by them and, therefore, they were estopped from claiming gratuity under the 1972 act.12. the high court ..... exemption and relieve the employer from the statutory obligation of payment of gratuity. the appellant s plea that under the old pension scheme, an employee is entitled to only two terminal benefits, viz., contributory provident fund and either gratuity or pension was negatived by the court in the following words: it is not the case of the bank that at the ..... /8 dated 14-11-1988 and enclosures. in this connection, we have to advise that allahabad bank has accepted contributory provident fund scheme, which is not available to government employees. besides this, the bank has a pension scheme in which an employee/officer may exercise option for pension or gratuity; but the dual benefits are not available under the scheme. since the .....

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Apr 26 2013 (SC)

Rajasthan State Road Transport Corporation and Others Vs. Madu Giri (D ...

Court : Supreme Court of India

..... within the stipulated time.3. clause 3(1) of the said regulations reads as under:`option means a written consent of the existing regular employees for pensionary and gratuity benefit along with the adoption of the general provident fund regulations, 1989 or to continue as member of the existing cpf scheme covered under the epf act, 1952 within a period of 90 days ..... court by filing writ petitions which were disposed of with direction to the corporation to accept the option submitted by the employees with regard to grant of pension and to allow the same to the employees by deducting the amount of excess provident fund with interest which is said to be granted earlier. aggrieved by the orders passed in writ petitions, the appellants herein ..... appellant-corporation retired from service respectively on 31.1.1991, 31.1.1992 and 31.3.1992 and were paid contributory provident fund (cpf) including the share of employers contribution. on 11.1.1993, the rajasthan state road transport corporation employees pension regulations, 1989 (in short the regulations) came into force. as per clause 3(1) of the said regulations, option ..... from the date of publication of rsrtc pension regulations. any existing employee who does not exercise the option within specified period of 90 days shall .....

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