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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

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

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/ ...

May 01 1997

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

  • Decided on : 01-May-1997

Court : Supreme

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

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

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

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 ...

Jul 07 1997

Rathee K.L. Vs. Union of India (UOI) and Ors.

  • Decided on : 07-Jul-1997

Court : Supreme

Reported in : (1998)ILLJ159SC

... same as that towards persons who were to be paid Provident Fund benefits. This Court held that was not the ratio of Nakara's case (supra). 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 March 31,1979. 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 was not the ratio of Nakara's case (supra). On retirement of an employee, ... 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 May 25, 1979, average emoluments of the last thirty six 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 employees. 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 (supra) did not lay down that the reckonable ...

Jan 08 1997

C.K. Damodaran Nair Vs. Govt of India

  • Decided on : 08-Jan-1997

Court : Supreme

Reported in : AIR1997SC551; 1997(1)ALD(Cri)508; 1997(1)ALT(Cri)613; 1997CriLJ739; 1997(1)Crimes75(SC); JT1997(2)SC495; RLW1997(1)SC148; 1997(1)SCALE126; (1997)9SCC477; [1997]1SCR107

... prosecution led evidence through PWs 2 and 9 that the appellant and the other accused persons had earlier demanded bribe to exempt their Hospital from the operation of the Employees Provident Funds Act. Since there is no reason to disbelieve their evidence and since their evidence gets amply corroborated by the fact of acceptance of Rs. 1,000/- by the ... accepted or obtained from PW 9 a gratification other than legal remuneration; and(iii) the gratification was for exempting the Hospital in question from its liability to pay statutory provident fund contributions.10. So far as the other offence is concerned, Section 5(1)(d) of the Act (now replaced by Section 13(1)(d) of the 1988 Act) ... 9 then went to Alakapuri Guest House and met A1 and A3. A3 told PWs 2 and 9 that the Hospital would have to pay Rs. 7500/-towards its provident fund contribution but if they were paid Rs. 3500/- the Hospital could be exempted from such payment. When PW 9 expressed his inability to pay the amount demanded, A1 ... K. Mukherjee, J.1. Four Provident Fund Inspectors of Calicut including the appellant before us were tried by the Special Judge, Ernakulam for offences punishable under Section 161 I.P.C. and Section 5(2) read ... or about 10 a.m. PW 9 first went inside the office and met A3. Following him PW 3 also went inside the office introducing himself as a telephone employee. A3 asked PW 9 whether he had brought the money. Thereupon PW 9 gave a proposal that they would go to a nearby hotel to which A 3 agreed ...

Feb 14 1997

State of Rajasthan and another Vs. Prem Raj

  • Decided on : 14-Feb-1997

Court : Supreme

Reported in : AIR1997SC1081; JT1997(2)SC546; RLW1997(2)SC230; 1997(2)SCALE75; (1997)10SCC317; [1997]2SCR60; 1997(1)LC466(SC)

... the Provident Fund Scheme. The same scheme was replaced in the year 1957 by a pension scheme. Thus all the employees who were in service prior to the introduction of pension scheme were given option either to retain the Provident Funds benefits or to switch over to pensionary benefits on condition that the contribution made by the Railways to the Provident accounts ... scheme. Thus all the employees who were in service prior to the introduction of pension scheme were given option either to retain the Provident Funds benefits or to switch over to pensionary benefits on condition that the contribution made by the Railways to the Provident accounts would revert to the Railways on exercise of option. The employees who did not ... Provident accounts would revert to the Railways on exercise of option. The employees who did not opt for pension scheme even though had ample opportunity to opt for the same, came forward with a claim that they should be given the benefits of pensionary scheme following the principle of Nakara's case. This Court held that the pension scheme and the provident fund ... provident fund retirees from a homogeneous class. The Court also further held that the rules governing the provident fund are entirely different from rules governing pension scheme and, therefore, it would not be reasonable to argue that the rules applicable to the pension retirees was also equally applicable to provident fund retirees. It was noticed by the Court that in Nakara's case the provident fund ...

Mar 10 1997

Allied Motors (P.) Ltd. Vs. Commissioner of Income-tax, Delhi

  • Decided on : 10-Mar-1997

Court : Supreme

Reported in : AIR1997SC1361; [1997]224ITR677(SC); JT1997(3)SC418; 1997(2)SCALE575; (1997)3SCC472; [1997]2SCR780

... not) or any sum payable by the assessee as an employer by way of contribution to any provident fund, or superannuation fund or gratuity fund or any other fund for the welfare of employees shall be allowed only in computing the income of that previous year in which such sum is actually ... come to notice where tax payers do not discharge their statutory liability such as in respect of excise duty, employer's contribution to provident fund, Employees' State Insurance Scheme, etc. for long period of time, extending sometimes to several years. For the purpose of their income-tax assessments, they ... provide that deduction for any sum payable by the assessee by way of tax or duty under any law for the time being in force (irrespective of whether such tax or duty is disputed or not) or any sum payable by the assessee as an employer by way of contribution to any provident fund, or superannuation fund or gratuity fund or any other fund ... at curbing the activities of those tax payers who did not discharge their statutory liability of payment of excise duty, employer's contribution to provident fund etc. for long periods of time but claimed deductions in that regard from their income on the ground that the liability to pay ... pay such sum was incurred as aforesaid and the evidence of such payment is furnished by the assessee along with the such return :Provided further ...Explanation 1 - ...**Explanation 2 -- For the purposes of Clause (a), as in force at all material times, 'any sum payable means a ...

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