Court : Kolkata
Reported in : (2007)2CALLT567(HC),[2007(115)FLR1097]
..... insurance corporation established under section 3 of the employees' state insurance act, 1948 (34 of 1948), or the board of trustees constituted under section 3a of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state boards of trustees constituted under section 5a and section 5b ..... , respectively, of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), 1 [***] or the life insurance corporation of india established under section life insurance corporation act, 1956 (31 of ..... 3 of the national housing bank act, 1987 (53 of 1987)], or 4/2 [an air transport service, or a banking or an insurance company,] a mine, an oil field,) 5-[a cantonment board,] or a central government, and](ii) in relation to any other industrial dispute, the state government.28. the learned .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)ILLJ868Cal
..... established under section 3 of the employees' state insurance act, 1948 (34 of 1948), or the board of trustees constituted under section 3-a of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state boards of trustees constituted under section 5-a and ..... any manner, approval of central government is necessary. (d) the central government shall declare that the provisions of provident funds act, 1925 shall apply to any provident fund, if constituted, as if it were a government provident fund. (e) the first statute of the institute shall be framed by the council with the previous approval of the ..... section 5-b, respectively of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), or the indian airlines' and air india' corporations established under section 3 of the air corporation act, .....
Tag this Judgment!Court : Kolkata
Reported in : 2012(3)LLN199(DB)
..... corporation established under section 3 of the employees state insurance act, 1948 ( 34 of 1948), or the board of trustees constituted under section 3a of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state boards of trustees constituted under section 5a and section 5b, ..... respectively, of the employees provident fund and miscellaneous provisions act, 1952 (19 of 1952), or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 ..... of the appellants. 23. the central government will be the appropriate government in terms of section 2 (a) (i) of the industrial disputes act provided the industry in question is carried on by or under the authority of the central government. the industry of the appellant company herein namely, grse is not .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(2)CHN358
..... and its functioning in the context of the grievances of the petitioner. 34. clause (h) of section 2 of the employees' provident fund and miscellaneous provisions act, 1952 defines 'fund' as the provident fund established under a scheme. 35. clause (fff) of section 2 defines 'exempted [establishment]' as follows: 'exempted [establishment]' means ..... near future.... taking into account the various difficulties, financial and administrative, the most appropriate course appears to be the institution compulsorily of contributory provident funds in which both the worker and the employer would contribute. apart from other advantages, there is the obvious one of cultivating among the ..... court very rightly explained the situation. the trust in question has a significant background. such trust in respect of provident fund is exempted under section 17 of the employees' provident fund and miscellaneous provisions act, 1952. the functioning and liability of the trust is governed by the scheme approved by .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1988Cal115,(1988)1CALLT35(HC)
..... plaintiff is also entitled to equable distribution of the money which was standing to the credit of her father in his account under the employees' provident funds and miscellaneous provisions act, 1952 ('provident fund act' for short) and since received by the defendant-appellant no. 4 as nominee in respect thereof. mr. pal submitted that the ..... any beneficial interest in the amount payable under the life insurance policy on the death of the assured, was not applicable to nominations made under the provident fund act as would be evidently clear from the various provisions of the act and the scheme framed thereunder; and according to mr. pal, the nominee ..... 'succession act') the house was impartible. it was further contended by them that the moneys payable and since paid under the life insurance policy and from the provident fund account of the deceased exclusively belonged to smt. usha mazumdar (defendant 1), the second wife of the deceased, and sri surojit mazumdar (defendant 4), the son .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(1)CHN346,(2004)IIILLJ430Cal
..... the period of arrears. we regret, we cannot appreciate this line of reasoning. section 10f of the act of 1958 came up for consideration before this court in commr. of coal mines provident fund, dhanbad v. j. p. lalla, : (1976)iillj91sc . this court observed, firstly, that the determination of damages is not 'an inflexible application of a rigid formula', ..... is the pecuniary reparation due must be correlated to all these factors. in support of his contention, he drew our attention to section 10f of the coal mines provident fund and bonus schemes act, 1958, which uses the words 'damages not exceeding twenty-five per cent' like section 14b of the. act, and also to a ..... petitioner who came into existence on 31st march, 1979. this writ application has been opposed by the respondents no. 1 and 2 namely union of india and provident fund commissioner, west bengal by filling affidavit-in-opposition affirmed on 26th day of august, 1985.3. in course of hearing as per direction of the court, .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN298
..... made applicable to the offences which were committed before the decision came into being. it is argued with an analogy that employees' provident fund and miscellaneous provisions act, 1952 provides for punishment in case payment of provident fund dues is not made within the statutory period of time. there was a decision of this high court that pre-launching of ..... cognizance of an offence. the decision in yeshivantrao dattaji chowgule and ors. v. state 1993 (1) crimes 534 as cited relates to prosecution under the employees' provident fund and miscellaneous provisions act, 1952 and under section 406 ipc, which is not applicable to the case of ours.17. the third argument was that the report of ..... no prima facie case was found out. it vas held by the high court of punjab & haryana that the mere presence of non-permitted red oil soluble coal tardye, the percentage of which has not been given in the report of the public analyst would not make the spices as 'noxious'. these decisions are based .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)1CALLT373(HC)
..... he has also referred to sections 418 and 420 of the companies act which relate to violation under the act regarding the provident fund. he has submitted that under the provident fund act it is not the liability of the officer; the primary liability is that of the company. on the question as to ..... in the facts and circumstances stated hereinabove to avoid the inevitable legal consequences and solely with ix view to frustrating the penal provisions of employees' provident funds and miscellaneous provisions act, 1952, the respondents for the fourth time moved this honourable court on the self same prayers for injunction restraining the applicant ..... (para 19)'your petitioners state that inasmuch as the respondents might initiate prosecution against your petitioners for the alleged violation of different provisions of the provident fund act, the respondents should be directed not to initiate any proceedings against your petitioners until further orders.' (para 20)4. under these circumstances, a .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)IIILLJ176Cal
..... the question of fact and accordingly the writ court should not interfere with such findings of fact.9. mr. jayanta biswas, learned counsel appearing for the provident fund commissioner submitted that the authority concerned had taken a decision in accordance with the provisions of section 7a of the said act and on proper consideration of ..... infirmity.6. point was taken before the learned trial judge that such a dispute could only be dissolved in accordance with paragraph 26b of the employees' provident fund scheme and not under section 7a of the said act. the said argument was also rejected by the learned trial judge.7. mr. jinwalla, learned ..... private respondent produced such original documents and the authority concerned after taking into consideration of those documents held that the private respondent was an employee and the provident fund liability under the said act was there and accordingly the said sum was determined. challenging the validity of the said order under section 7a of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal598,[1963]47ITR247(Cal)
..... to the profit and loss account to the credit of which was added interest on investment and the debits included provisions for taxation, interest on loan, contribution to provident fund and depreciation. the balance of this profit and loss account was transferred to the profit in one year appropriation account. therefrom in one year ended 31st december ..... of mutual insurance. it was a case of a company limited by guarantee which had for its sole effective purpose the indemnity of its members who were all coal owners against liability for compensation in respect of fatal accidents to workmen in their employment, ft was a purely mutual concern: every person indemnified by the person ..... trilogy of the house of lords decision in (1889) 14 ac 381 : 2 tc 460, (1948) 27 tax cas 331 and jones v. south-west lancashire coal owners' association ltd., 1927 ac 827, need not be examined in greater detail as those decisions and their import have been fully commented upon by sir srinivasa varadachariar in .....
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