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Search Results Judgments > Act:EMPLOYEES PROVIDENT FUND Court:Supreme Year:2013

Sep 23 2013

STATE OF RAJASTHAN Vs. A.N. MATHUR & ORS.

  • Decided on : 23-Sep-2013

Court : Supreme Court of India

... 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 provisions of the Contributory Provident Fund Scheme. On 7th December, 2000, the Board of Management of the University passed a resolution whereby it gave an option to its employees ... payment of retiral benefits to its employees.14. In the instant case, the University wanted to change the scheme from the Contributory Provident Fund scheme to the Pension Scheme. The University had given option to its employees to opt either for the Pension Scheme or to continue with the Contributory Provident Fund scheme and for that purpose, two resolutions, ... the provisions of the Contributory Provident Fund Scheme. On 7th 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. ... 30th November, 2011, the employees, who had opted for the pension scheme were 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 ...

Jun 25 2013

SANCHARI DEVI & ORS Vs. ARA MUNICIPAL CORPORATION & ORS

  • Decided on : 25-Jun-2013

Court : Supreme Court of India

... provident fund. The language of the last limb of Rule 4(i) provides that in case the option is not exercised by a municipal employee who is entitled for pension under the Rules, it 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 ... of the Rules and had not received part or whole of provident fund contribution.7. Rule 4(i) of the Rules, quoted above shows that municipal employees on the rolls on the date of confirmation of the Rules and who had subscribed to the provident fund and wanted to be governed by the provident fund rules shall have the option to do so and such ... Rule 4(ii) of the Rules provided further that municipal employees who retired before the date of effect of the Rules and received part or whole amount of provident fund contribution will not be eligible for pension. Hence, Municipal employees who had retired before the date of effect of the Rules and had received part or whole of provident fund contribution were not entitled for the ... by a municipal employee who is entitled for pension under the Rules, it 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 ...

Oct 18 2013

Arcot Textile Mills Ltd. Vs. Reg. Provident Fund Commissioner & Ors.

  • Decided on : 18-Oct-2013

Court : Supreme Court of India

... 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 Act for belated remittances, was to be assailed in appeal before the Employees Provident Funds Appellate Tribunal (for short the tribunal ... 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 same time it is meant to provide compensation or redress to the beneficiaries, i.e., to recompense the employees for 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. ... damages. (See: Regional Provident Fund Commissioner v. S.D. College, Hoshiarpur and others[12].). Section 7Q which provides for interest for belated payment is basically a compensation for payment of interest to the affected employees. This provision has been made to secure just and humane conditions of work as has been opined in Regional Provident Fund Commissioner v. Hooghly ...

Nov 13 2013

Calcutta Port Trust & Ors. Vs. Anadi Kumar Das (Capt) & Anr.

  • Decided on : 13-Nov-2013

Court : Supreme Court of India

... 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 Provident Fund Scheme including interest thereof. A true copy of the said notice ... , 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 provident fund benefits inclusive of interest thereof. A true copy ... was no Pension Scheme for the employees of appellant No.1 and they were given monetary benefits of the Contributory Provident Fund Scheme (CPF Scheme). For the first time, Pension Scheme was introduced for the Commissioner s employees vide circular dated 29th May, 1962 and made effective from 1.6.1962. All the existing employees, who were in service on 1 ... 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 service pension scheme was introduced in the Calcutta Port Trust for its employees but the said ...

Mar 13 2013

ALLAHABAD BANK Vs. A.C.AGGARWAL

  • Decided on : 13-Mar-2013

Court : Supreme Court of India

... Contributory Provident Fund is entitled to pension.2. The appellant s predecessor, i.e., Allahabad Bank Ltd. was established in 1865. Its employees were given pensionary benefits w.e.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. ... 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 time of superannuation of the employees there was a scheme for payment of gratuity under which the employees were entitled to payment ... 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 ... comparison to that of what an employee may get under the Payment of Gratuity Act the Government may grant an 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 ...

Apr 26 2013

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

  • Decided on : 26-Apr-2013

Court : Supreme Court of India

... .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 was given to the existing employees as well as those employees who retired before coming into ... 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 ... 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 from the date of publication of RSRTC Pension Regulations. Any existing employee who does not exercise the ... ?2. Admittedly, the concerned employees [Madugiri and Yakub Khan, respondents (since deceased) in Civil Appeal No.5274 of 2008 and late Nathu Singh, respondents husband in Civil Appeal No. 952 of 2009] of the 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 ...

Apr 26 2013

RAJASTHAN STATE ROAD TPT. CORP. & ORS. Vs. MADU GIRI(DEAD) BY LRS. & A ...

  • Decided on : 26-Apr-2013

Court : Supreme Court of India

... .3.1992 and were paid Contributory Provident Fund (CPF) including the share of employer s 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 was given to the existing employees as well as those employees who retired before coming into ... 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 ... 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 from the date of publication of RSRTC Pension Regulations. Any existing employee who does not exercise the ... ?.2. Admittedly, the concerned employees [Madugiri and Yakub Khan, respondents (since deceased) in Civil Appeal No.5274 of 2008 and late Nathu Singh, respondent s husband in Civil Appeal No.952 of 2009]. of the 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 ...

Mar 21 2013

ESSA @ ANJUM ABDUL RAZAK MEMON Vs. STATE OF MAHARASHTRA TR.STF,CBI MUM ...

  • Decided on : 21-Mar-2013

Court : Supreme Court of India

... 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 ... 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 society i.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 ... AK-56 rifles, 4 hand grenades and magazines. Deposition of Sadanand Narayan Naik (PW-370) At the relevant time, PW-370 was an employee of the Regional Transport Office, Bombay. In his deposition dated 06.07.1998, he reveals as under: (i) In the court, he recognized ... the Disembarkation Card (X-349) have been marked as Exh. Nos. 989 and 989A. Deposition of Subhash Udyawar (PW-441) PW-441 was an employee of M/s East West Travel and Tours Pvt. Ltd. and has deposed regarding the reservation of flight tickets for the appellant to ... to bring the cessation of any part of India from the Union. 369) Section 3 provides for punishment for terrorist acts and provides whoever with intention commits such acts shall be punishable. Section 3 provides for punishment for terrorist acts and its submissions started with whoever except clause 5 which ...

Nov 28 2013

City of Cape Town Municipality Vs. South African Local Authorities Pen ...

  • Decided on : 28-Nov-2013

Court : South Africa - Supreme Court of Appeal

... dispute between the parties arose. The fund is a defined benefit fund which undertakes to provide its members the employees of the City amongst others with the benefits defined in its rules. It is funded partly by members and partly by employer contributions. [7] The fund is a juristic person which is controlled by a board[2]composed of employees and employer representatives in equal proportions. Rule ... , ambit and scope of the fund and its operations and the circumstances in which the dispute between the parties arose. The fund is a defined benefit fund which undertakes to provide its members the employees of the City amongst others with the benefits defined in its rules. It is funded partly by members and partly by employer contributions. [7] The fund is a juristic person which is ... . It is funded partly by members and partly by employer contributions. [7] The fund is a juristic person which is controlled by a board[2]composed of employees and employer representatives in equal proportions. Rule 2.1.3 of the rules vests the trustees with the power by resolution, to amend the rules, provided no amendment to the rules of the fund may be made ... ). The amount, if any, to be paid by the employer has to be determined by the funds trustees from time to time, but it cannot be less than an amount calculated by the funds actuary. This, to ensure that the fund is financially sound and able to provide the benefits for which has undertaken liability under the rules. In terms of rule 4.2 ...

Feb 05 2013

University of Rajasthan And Anr. Vs. Prem Lata Agarwal And Ors.

  • Decided on : 05-Feb-2013

Court : Supreme Court of India

... the pay or count service, shall be counted if he is confirmed without interruption in his service.21. Regulation 47 provides for creation of the pension fund. It is as under:-Reg 47 : Creation of the Pension Fund :In case of all such employees who opt for the pension scheme and are governed under these regulations, the total accumulated amount of University contribution in ... of an employee, without a substantive appointment, in a post which is vacant or the permanent incumbent of which does not draw any part of the pay or count service, shall be counted if he is confirmed without interruption in his service.21. Regulation 47 provides for creation of the pension fund. It is as under:-Reg 47 : Creation of the Pension Fund :In ... pension scheme under these regulations within the period specified in Reg. 4 for exercising option. In case of employees who do not exercise option within the specified period, it will be deemed that the concerned employee has opted for the pension scheme under these regulations.Provided that these regulations shall not apply to :a) Persons employed on contract or part-time basis,b ... for the adjudication of the present case.19. Regulation 22 provides for calculation of qualifying service. It reads as follows:-Reg. 22 : Conditions of Qualifying Service:The service of an employee does not qualify for pension unless it conforms to the following conditions:1) It is a paid service of a regularly appointed employee under the University.2) The employment is in ...

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