Skip to content

Filter by :

Search Results Judgments > Phrase: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 ...

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 ...

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 ...

Jul 17 2013

JAGDISH PRASAD SHARMA ETC.ETC. Vs. STATE OF BIHAR & ORS.

  • Decided on : 17-Jul-2013

Court : Supreme Court of India

... funded institutions, in higher and technical education. In the said communication, it was mentioned that at the time of revision of pay scales of teachers in Universities and colleges, following the revision of pay scales of Central Government employees, on the recommendations of the Fifth Central Pay Commission, it had been provided ... employee (other than the inferior servants) shall be the date on which he attains the age of sixty two years: Provided that the University shall, in no case, extend the period of service of any of the teaching or non-teaching employee after he attains the age of sixty two years as the case may be. Provided ... employee will be the same which would be decided by the University grants Commission. The date of retirement of non-teaching employee (other than the inferior servants) shall be the date on which he attains the age of sixty two years: Provided that the University shall, in no case, extend the period of service of any of the teaching or non-teaching employee ... which he attains the age of 62 years, the confusion is created by the next sentence which further provides that the date of retirement of a teaching employee would be the same which would be decided by the UGC. It has been urged that the said ... not control the power of the State Governments and/or the service conditions of its employees as the same are to be exclusively decided by the Union or the State, as provided in Article 309 of the Constitution. It was submitted that it had also been held ...

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 ...

Jul 24 2013

In the matter of the Nortel Companies and Another

  • Decided on : 24-Jul-2013

Court : UK Supreme Court

... 2013. The main UK operating company is Lehman Brothers International (Europe) ("LBIE"), an unlimited company. The principal Lehman employer company within the UK, providing employees on secondment for most of the group's European activities, based in London, is Lehman Brothers Limited ("LBL"). 47. When LBL went into ... by the issue of a FSD to some or all of the other group companies (known as "targets"), an obligation to provide reasonable financial support to the under-funded scheme of the service company or insufficiently resourced employer, and (ii) to deal with non-compliance with that obligation by imposing, ... a company within a group of companies which, by reference to its turnover, can be seen to be principally engaged in providing the services of its employees to other member companies in the group.16. Section 44(3) to (5) and the FSD Regulations explain that an employer is ... employees or ex-employees in relation to pension rights in the event of their employer's insolvency. Section 75 of the 1995 Act 6. Although it is the FSD regime under the 2004 Act which is of central importance on these appeals, section 75 of the 1995 Act is highly relevant. It provides ... Rules to vary the priority of the liabilities. The relevant statutory provisions relating to pensions 5. In order to protect employees from the adverse consequences of an under-funded occupational pension scheme, (i) the Social Security Act 1990 introduced a statutory debt regime by amending the Social Security and ...

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 16 2013

US Airways, Inc. v. McCutchen

  • Decided on : 16-Apr-2013

Court : US Supreme Court

... (CADC 2006) (same); Bombadier Aerospace Employee Welfare Benefits Plan v. Ferror, Poirot, & Wansbrough, 354 F. 3d 348, 362 (CA5 2003) (same); Administrative Comm. of Wal-Mart Stores, Inc. v. Varco, 338 F. 3d 680, 692 (CA7 2003) (same). 3 Sans ellipses, 502(a)(3) provides that a plan administrator ... provision, they may aid in properly construing it. US Airways plan is silent on the allocation of attorney s fees, and the common-fund doctrine provides the appropriate default rule to fill that gap. Pp. 12 16. (a) Ordinary contract interpretation principles support this conclusion. Courts construe ERISA ... when another driver lost control of her car and collided with McCutchen s. At the time, McCutchen was an employee of US Airways and a participant in its self-funded health plan. The plan paid $66,866 in medical expenses arising from the accident on McCutchen s behalf. ... fund doctrine provides the best indication of the parties intent. No one can doubt that the common-fund rule would govern here in the absence of a contrary agreement. This Court has recognized consistently that someone who recovers a common fund for the benefit of persons other than himself is due a reasonable attorney s fee from the fund ... is silent on the allocation of attorney s fees, and in those circumstances, the common-fund doctrine provides the appropriate default. In other words, if US Airways wished to depart from the well-established common-fund rule, it had to draft its contract to say so and here it did not. ...

Jan 17 2013

Kallakkurichi Taluk Retired Official Association, Tamilnadu And Ors. V ...

  • Decided on : 17-Jan-2013

Court : Supreme Court of India

... employees who had retired on or after 1.1.1986. This Court did not approve the decision rendered by the High Court. This Court noticed, that the approval of the resolutions of the Syndicate and Senate of the Jodhpur University had been accorded by the State Government after the State Legislature had passed the University Pension Rules, and the General Provident Fund ... , not between one set of pensioners alleging discriminatory treatment, as against another set of pensioners. There were no pensioners, to begin with. Retirees were entitled to provident fund under the existing Provident Fund Scheme. The question of discrimination of one set of pensioners from another set of pensioners, therefore, did not arise in the second cited judgment. Financial viability was ... resolved to introduce a pension scheme for university teachers. The resolution of the Syndicate and Senate also provided, that options would be sought from existing teachers, so as to enable them, to choose whether they should be governed by the contributory provident fund rules, or would like to accept the benefits under the pension scheme. As the recommendation ... Vs. Amrit Lal Gandhi, (1997) 2 SCC 342. The facts, in the second cited judgment were, that originally teachers of the Jodhpur University were governed by contributory provident fund rules. There was no pension scheme applicable to them. In 1983, a committee constituted by the University Grants Commission, recommended the introduction of pension-cum- gratuity for ...

Get Latest cases on this phrase via RSS

RSS feed
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //