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Search Results Judgments > Phrase:EMPLOYEES PROVIDENT FUND Court:Supreme Year:1997

Dec 11 1997

State Bank of India Vs. C.B. Dhall

  • Decided on : 11-Dec-1997

Court : Supreme Court of India

Reported in : AIR1998SC1500; JT1997(10)SC59; 1998LabIC496; (1999)ILLJ1367SC; 1997(7)SCALE585; (1998)2SCC544; [1997]Supp6SCR416; 1998(1)LC336(SC); (1998)1UPLBEC170

... Fund Rules and Provident Fund Rules of the Imperial Bank of India were adopted by the State Bank in respect of these employees. This was under Section 7 of the State Bank of India Act which, in relevant part, is as under :'7. Transfer of service of existing officers and employees of the Imperial Bank to the State Bank - (1) Every officer or other employee ... from the provident fund. Dhall was also told that sanction to retire him was withheld under Rule 11 of the Rules and Regulations of the Pension and Guarantee Fund by the competent authority. The result was that Dhall was deprived of pension and Bank's contribution to his provident fund. The ... Fund Rules and Regulations. Reply of Dhall was considered and the Central Board of the Bank directed forfeiting of Bank's contribution amounting to Rs. 24006/49 from the provident fund. Dhall was also told that sanction to retire him was withheld under Rule 11 of the Rules and Regulations of the Pension and Guarantee Fund ... pension in the term of Rule 11 of the Imperial Bank of India Pension and Guarantee Fund Rules. Please also show cause as to why the bank's contribution towards the Provident Fund may not be forfeited as you are liable to the bank to the extent of Rs. ... in regard to the pension and gratuity fund rules with interest @ 6% per annum. 2. Pension will be paid in future in accordance with the rules.Pension will be computed on the basis of full pay during the period of suspension.3. The provident Fund (Bank's Contribution which has ...

Sep 30 1997

State Bank of India Vs. A.N. Gupta and Ors.

  • Decided on : 30-Sep-1997

Court : Supreme Court of India

Reported in : JT1997(8)SC336; 1997(6)SCALE303; (1997)8SCC60; [1997]Supp4SCR383; 1998(1)LC28(SC); (1997)3UPLBEC2109

... section of the fund an amount equal to that contributed by the employee. Under Rule 7, no employee shall have any right of property in the fund beyond the amount of his contributions to the pension section of the fund with the interest accrued there on. Under Rule 15 of the Employees Provident Fund Rules, similar contributions are to be made to the fund by the employee and the Bank ... pension section of the fund with the interest accrued there on. Under Rule 15 of the Employees Provident Fund Rules, similar contributions are to be made to the fund by the employee and the Bank which again is to carry interest.12. Mr. Chatterjee, learned Counsel appearing for the respondents, submitted that the respondents would be entitled to full pension as well as provident fund standing to ... Rule 20 of the Employees' Provident Fund Rule which we have quoted above, this Rule will become applicable only if an employee retiring from the service of the Bank is under a liability incurred by him to the Bank. In that case trustees administering the Provident Fund can pay to the Bank out of the balance to the credit of the employee in the Fund any amount ... the Central Government. As far as the present two appeals are concerned, there has not been any change in the Rules and Regulations relating to the Pension and Guarantee Fund and the Employees Provident Fund Rules.6. To understand the rival contentions, we may note some of the relevant facts in each of the two appeals.7. Respondent Gupta (in CA No. 2141/ ...

Apr 15 1997

Agostini v. Felton

  • Decided on : 15-Apr-1997

Court : US Supreme Court

... involved in intentionally or inadvertently inculcating particular religious tenets or beliefs." 473 U. S., at 385. Meek invalidated a Pennsylvania program in which full-time public employees provided supplemental "auxiliary services"-remedial and accelerated instruction, guidance counseling and testing, and speech and hearing services-to nonpublic school children at their schools. 473 U. S., ... 6314 (allowing "school-wide" programs at public schools). In addition, the LEA must retain complete control over Title I funds; retain title to all materials used to provide Title I services; and provide those services through public employees or other persons independent of the private school and any religious institution. 6321(c)(1), (2). The Title ... funds to provide remedial education, guidance, and job counseling to eligible students, including those attending religious schools. Immediately before Aguilar, New York City used Title I funds to provide guidance services and classes in remedial reading, remedial mathematics, and English as a second language to students at religious schools, as it did by sending employees ... The Second Circuit agreed and affirmed. Held: 1. A federally funded program providing supplemental, remedial instruction to disadvantaged children on a neutral basis is not invalid under the Establishment Clause when such instruction is given on the premises of sectarian schools by government employees under a program containing safeguards such as those present in ...

Feb 18 1997

California Div. of Labor Standards Enforcement v. Dillingham Constr., ...

  • Decided on : 18-Feb-1997

Court : US Supreme Court

... 3(1) defines an "employee welfare benefit plan" as: "[A]ny plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants ... ( ... fund, the existence of which triggers ERISA coverage. However, applicable regulations make clear that the class of apprenticeship program sponsors who may provide approved apprentices under California law is broad enough to include a single employer who defrays the costs of its program out of general assets. An employee benefit program so funded, and not paid for through a separate fund ... provide approved apprentices under California law is broad enough to include a single employer who defrays the costs of its program out of general assets. An employee benefit program so funded, and not paid for through a separate fund, is not an ERISA plan. See, e. g., Massachusetts v. Morash, 490 U. S. 107 , 115. The California law is indifferent to the funding ... employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants ... (A) medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or day care centers, scholarship funds ...

Jun 02 1997

Boggs v. Boggs

  • Decided on : 02-Jun-1997

Court : US Supreme Court

... All employee benefit plans must conform to various reporting, disclosure, and fiduciary requirements, see 1021-1031, 1101-1114, while pension plans must also comply with participation, vesting, and funding requirements, see 1051-1086. The surviving spouse annuity and QDRO provisions, central to the dispute here, are part of the statute's mandatory participation and vesting requirements. These provisions provide detailed ... even if the employee spouse makes no cash contributions to plan). Louisiana law, like the law of other States, today allows both women and men to leave their property to their children. La. Civ. Code Ann., Art. 2346 (West 1985) ("Each spouse acting alone may manage, control, or dispose of community property unless otherwise provided by law"). Cf. ... requirements. These provisions provide detailed protections to spouses of plan participants which, in some cases, exceed what their rights would be were community property law the sole measure. ERISA's express pre-emption clause states that the Act "shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan .... " ... any employee benefit plan .... " 1144(a). We can begin, and in this case end, the analysis by simply asking if state law conflicts with the provisions of ERISA or operates to frustrate its objects. We hold that there is a conflict, which suffices to resolve the case. We need not inquire whether the statutory phrase "relate to" provides ...

Feb 24 1997

De Buono v. NYSA-ILA Medical and Clinical Services Fund

  • Decided on : 24-Feb-1997

Court : US Supreme Court

... on the Fund's decisions would be in all relevant respects identical to the "direct" impact felt here. Thus, the supposed difference between direct and indirect impact-upon which the Court of Appeals relied in distinguishing this case from Travelers-cannot withstand scrutiny. Any state tax, or other law, that increases the cost of providing benefits to covered employees will ... pre-emption). 2 Section 514(a) of ERISA informs us that "[e]xcept as provided in subsection (b) of this section, the provisions of this [statute] shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan" covered by the statute. 88 Stat. 897, 29 U. S. C. 1144(a ... , inter alia, diagnostic and treatment centers. The NYSA-ILA Medical and Clinical Services Fund (Fund), which administers a plan subject to the Employee Retirement Income Security Act of 1974 (ERISA), owns and operates New York treatment centers for longshore workers, retirees, and their dependents. Respondents, the Fund's trustees, discontinued paying the tax and filed this action to enjoin petitioner ... Employee Retirement Income Security Act of 1974 (ERISA), owns and operates New York treatment centers for longshore workers, retirees, and their dependents. Respondents, the Fund's trustees, discontinued paying the tax and filed this action to enjoin petitioner state officials from making future assessments and to obtain a refund, alleging that the HFA is a state law that "relates to" the Fund ...

May 01 1997

Swadeshi Cotton Mills Co. Ltd. Vs. Commissioner of Income-tax

  • Decided on : 01-May-1997

Court : Supreme Court of India

Reported in : [1998]233ITR199(SC)

... way of damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. It was held that the said amount comprises both the elements of penal levy as well as compensatory payment and that it will be for the authority under the Act to decide with reference to the provisions of the Employees' Provident Funds Act, 1952 and the reasons given in the ... the case, the Tribunal was justified in allowing deduction of the liability of Rs. 34,131 incurred by the assessee for the payment of damages under Section 14B of the Employees' Provident Funds Act, 1952 ?(iii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the penalty of Rs. 7,667 levied on the ... considered the question whether the interest paid for delayed payment of sales tax under the Bombay Sales Tax Act, 1959, and damages paid for delayed payment of contribution under the Employees' State Insurance Act were permissible deduction under Section 37(1) of the Income tax Act, 1961 (hereinafter referred to as 'the Act'). This court has held that whenever any statutory ... interest, is claimed as an allowable expenditure under Section 37(1) of the. Act, the assessing authority is required to examine the scheme of the provisions of the relevant statute providing for payment of such impost notwithstanding the nomenclature of the impost as given by the statute, to find out whether it is compensatory or penal in nature. The authority has ...

Jan 10 1997

State of Rajasthan and anothers etc. Vs. Amrit Lal Gandhi and others e ...

  • Decided on : 10-Jan-1997

Court : Supreme Court of India

Reported in : AIR1997SC782; JT1997(1)SC421; 1997(1)SCALE168; (1997)2SCC342; [1997]1SCR121

... Senate for the introduction of pensionary scheme . in the University. According to this scheme, option was to be given to the University employees to opt either for contributory provident fund or for pension in lieu of the provident fund. Draft rules providing for payment of pension were also approved.8. As the proposed scheme had financial implications, the University had to seek the ... limited retrospectivity so as to cover a larger number of employees by taking into account the financial impact of giving retrospective operations to the Pension Regulations. It was decided that employees retiring on or after 1-1-1990 would be able to exercise the option of getting either pension or provident fund. Financial impact of making the Regulations retrospective can be ... of the State w.e.f. 1-1-1990. In this regard the State Legislature has passed University Pension Rules and General Provident Fund Rules. Therefore, by enclosing a copy of University Pension Regulations and General Provident Fund Regulations with this letter, it is requested that by obtaining approval of the competent body or syndicate of the University, these Regulations ... providing for the introduction of the pension scheme. Thereafter Pension Regulations 1990 and General Provident Fund Regulations 1990 were framed and on 3-8-1991. options were invited from all persons who were in the service of the University of Jodhpur on or after 1-1-1990 to give their options whether they wanted to be covered by the Provident Fund ...

Oct 15 1997

Associate Banks Officers' Association Vs. State Bank of India and Ors. ...

  • Decided on : 15-Oct-1997

Court : Supreme Court of India

Reported in : [1998(79)FLR576]; JT1997(8)SC422; 1997(6)SCALE394; (1998)1SCC428; [1997]Supp4SCR475; 1998(1)LC107(SC); (1997)3UPLBEC2145

... terminal or redral benefits, the employees of the subsidiary banks are entitled to provident fund or pension, and they are also entitled to service gratuity. The employees of the State Bank of India are entitled to provident fund and pension. They are also entitled to gratuity under the Payment of Gratuity Act. According to the petitioners, the employees of the subsidiary bank ... employees of the subsidiary bank should also be given pension in addition to the terminal benefits which they already have. It is, however, pointed out by the State Bank of India that the terminal benefits in a subsidiary bank are comparable to the terminal benefits in nationalised banks, where also there is an option between pension or contributory provident fund. Regarding gratuity, the employees ... admissible amounts is different. For home treatment, the subsidiary banks have prescribed ceiling on the amount payable. It is not as if no medical benefits are provided to subsidiary banks' employees. The employees are provided substantial medical benefits, though they are not identical with the medical benefits given by the State Bank of India.19. With regard to pay scales ... an employer of the staff of the subsidiary banks. Section 50 quite clearly provides that the officers and employees of a subsidiary bank cannot be considered as the officers and employees of the State Bank of India for any purpose. The officers and employees of subsidiary bank are governed by the terms and conditions of employment of the ...

Jul 07 1997

K.L. Rathee Vs. Union of India and others

  • Decided on : 07-Jul-1997

Court : Supreme Court of India

Reported in : AIR1997SC2763; JT1997(5)SC698; 1997(4)SCALE384; (1997)6SCC7; [1997]Supp1SCR426; 1997(2)LC103(SC)

... same as that towards persons who were to be paid Provident Fund benefits. This Court held that that was not the ratio of Nakara's Case. On retirement of an employee, legal obligation under the Provident Fund account ended on payment of the Provident Fund dues of the employee. The Rules Governing Provident Fund and contribution to such Fund were entirely different from the rules governing pension.12. It ... same Provident Fund benefits as were given to those who retired subsequent to 31st March, 1979. It was argued on behalf of the petitioner that State's obligation towards pensioners was the same as that towards persons who were to be paid Provident Fund benefits. This Court held that that was not the ratio of Nakara's Case. On retirement of an employee, ... on the basis of average emoluments of a retired Government employee. Prior to the liberalisation of the formula for computation of pension made by the memorandum dated 25th May, 1979, average emoluments of the last thirty months of service of the employee provided the basis for calculation of pension. The 1979 memorandum provided that average emoluments must be calculated on the basis ... to be calculated according to the Government rules in force at the time of retirement of the employee. But, if the principle of average of last ten months' emoluments has been adopted for some employees, then that principle must be extended to all the employees who have retired before them. Nakara's Case did not lay down that the reckonable emoluments ...

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