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Judgment Search Results Home > Cases Phrase: deposit insurance corporation amendment and miscellaneous provisions act 1978 Page 8 of about 4,322 results (0.294 seconds)

Jul 31 2002 (HC)

Dhiraj Kumar Dixit Vs. General Manager (Personnel), Uco Bank and ors.

Court : Allahabad

Reported in : 2002(4)AWC2970; (2003)ILLJ420All; (2002)3UPLBEC2807

..... that the employees provident fund and miscellaneous provisions act, 1952, is a beneficial ..... of the apex court in life insurance corporation of india v. ..... of india introduced a family benefit scheme to the effect that the family of the deceased being unable to obtain regular salary from the management could avail the scheme by depositing the lumpsum provident fund and gratuity amount with the company in lieu of which the management would make monthly payment equivalent to the basic pay together with dearness allowance last drawn, which payment would ..... housing loan ; (ii) vehicle loan ; (iii) other loans from bank ; (iv) loan from other institutions which are distinctly verifiable ; (v) unmarried daughters above the age of 18 year - 10 per cent for one unmarried daughter and 15 per cent for two unmarried daughters of the amounts derived from (a) (i to v) above under column 'calculation formula for income' ; (b) after arriving at the net amount remaining with the family, interest @ 11 per ..... , shri manoj mishra learned counsel appearing for respondents has urged that the head office of the bank had framed a scheme on 21.9.1999 for recruitment of dependants of deceased employees on compassionate ground and the norms for eligibility had been laid down in the scheme which provides that if the monthly income of the bereaved family is 60% or more than the gross salary, the deceased employee was ..... public sector banks on 23.8.1996 to amend their policy and schemes, for compassionate appointment.9. .....

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Jul 17 1992 (HC)

Regional P.F. Commissioner Vs. Taylor Instrument Co. (India) Ltd.

Court : Punjab and Haryana

Reported in : (1994)ILLJ1007P& H; (1993)103PLR71

..... they were obliged to comply with the provisions of the employees provident funds and miscellaneous provisions act; 1952 (hereinafter referred to as the act. ..... part takes care of default in transfer of accumulation required to be transferred by the employer under sub-section (2) or section 15 or sub-section (5) of section 17 or in the payment of any charges payable under any other provisions of the act or of any scheme or insurance scheme or under any of the conditions specified under section 17 of the act and since the case involved in the two letters patent appeals was that of delay in transfer of accumulations, no bifurcation of damages as envisaged under section 14b was required to be done.7. ..... pending their applications under section 17(1) of the act for exemption from the operation of the provisions of the act and the scheme, the companies applied under paragraph 79 of the scheme for interim relaxation. ..... in support of his argument, he has taken us through the provisions of section 14b of the act and has submitted that the said section has two parts. ..... ) each one of them had applied to the appropriate government for exemption from the operation of the provisions of the act as they desired to deposit their respective provident fund contributions in a fund managed by a private trust known by the name of birla industries provident fund, calcutta, as the terms of the aforesaid private trust were more beneficial to their employees. ..... 3476 of 1978 whereas m/s. .....

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Sep 11 2009 (HC)

Battula Veeraswamy Vs. the Regional Provident Fund Commissioner and or ...

Court : Andhra Pradesh

Reported in : 2009(6)ALT464

..... (3) subject to the provisions of section 16 of the employees' provident funds and miscellaneous provisions act, 1952, this scheme shall apply to the employees of all factories and other establishments to which the employees' provident funds and miscellaneous provisions act, 1952 applies or is applied under sub-section (3) or sub-section (4) of section 1 or section 3 thereof.2. ..... when the petitioner herein sought for the same benefit, the respondents have pointed out that the karnataka high court, unfortunately noticed the provision contained in the amended section 17(1c) of the act and sub-para (3) of para 1 of efps, 1971, whereas at the time the exemption was granted in favour of the appellant (sri d. ..... these rules have left no doubt whatsoever that after a government servant is allowed to be absorbed in service of a government owned corporation he is treated to have retired from the service of the government and becomes entitled for payment of pension and gratuity, proportionately keeping in view the length of qualifying service rendered to government.18. ..... section 6c of the act also empowered central government to establish employees deposit - link insurance scheme for the purpose of providing life insurance benefits to the employees. .....

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Sep 15 2011 (SC)

M/S. Delhi International Airport Pvt. Ltd. Vs. Union of India, and ors ...

Court : Supreme Court of India

..... 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 (31 of 1956), or [the oil and natural gas corporation limited registered under the companies act, 1956 (1 of 1956)], or the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under ..... at the time of amendment when private airline operators had started functioning and as air transport service theyincluded all airline operators, private or public and the said industry was included as an enumerated industry. ..... after examining the settled legal principles, the division bench held that irrespective of whether the amendment to section 2(a) i.d. .....

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Sep 16 1994 (HC)

Kshetriya Khadi Gramodyog Samiti Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : (1998)IIILLJ1072Raj; 1995(1)WLC450

..... bharatpur zila khadi and gramodyog samiti and that the petitioner-establishment is not covered under the provisions of the employees' provident funds and miscellaneous provisions act, 1952. ..... this writ petition was filed in this court under articles 226 and 227 of the constitution of india in the matter of section 7a of the employees' provident funds & miscellaneous provisions act, 1952 (for short 'the act') against the order of regional provident fund commissioner, jaipur dated june 4,1984 (impugned) in the present petition. ..... , family pension fund and deposit linked insurance fund for the benefit of employees working in factories and other establishments. ..... from the statement of objects and reasons of the act 33 of 1988 (amended act) it is apparent that the act provides for the institution of the benefit of the p.p. ..... the facts giving rise to this writ petition briefly stated are that the petitioner-establishment is a registered society, registered under the rajasthan societies registration act, 1958 on april 25, 1978 and started manufacturing khadi with effect from april, 1979. ..... it was further contended that prior to 1978, the petitioner-establishment was already in existence and with effect from april 1, 1979, it has been registered as an independent unit, hence there is only change of nomenclature and nothing more. .....

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Feb 21 2005 (HC)

Mansa Nagrik Sahakari Bank Ltd. Vs. Regional Provident Fund Commission ...

Court : Gujarat

Reported in : [2005(106)FLR1105]; (2005)2GLR1592; (2005)IIILLJ669Guj

..... case was concerned with a co-operative society and the controversy did arise under the provisions of the employees' provident funds and miscellaneous provisions act, 1952, the interpretation of which is involved ..... a case where a dispute arise regarding the applicability of this act to an establishment, decide such dispute; and(b) determine the amount due from any employer under any provision of this act, the scheme or the pension scheme or the insurance scheme, as the case may be,and for any of the aforesaid purposes may conduct such inquiry as he ..... failed to deposit the amount mentioned above within 15 days of the receipt of the order, recovery thereof as arrears under the act would be without prejudice to the appellant's liability for belated remittance as provided in section 14b of the act.2.2 after the aforesaid order dated 27.12.2000 was passed under section 7a of the act, the ..... sub-section (1) may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in the scheme.section 7 empowers the central government to add to, amend or vary either prospectively or retrospectively, the scheme ..... and (b) of section 1(3) makes it clear that the two clauses divide establishments in two parts, one being factories engaged in a scheduled industry and the other being establishments whether factory or non-factory in respect of which notifications have been issued by the central government [vide ojas corporation .....

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Dec 10 1991 (HC)

Shree Kutchi Visha Oshwal Mahila Mandal Vs. Union of India and Others

Court : Mumbai

Reported in : [1992(65)FLR72]; (1993)ILLJ77Bom

..... the petition challenges the legality of the order dated july 13, 1978 passed by the regional provident fund commissioner, maharashtra & goa, as also order dated june 7, 1985 passed by the government of india under section 19a of the employees' provident funds and miscellaneous provisions act, 1952 (hereinafter referred to as the 'act'). ..... pathak also relied upon the decision of the andhra pradesh high court in employees' state insurance corporation, hyderabad v. m/s. ..... trading and commercial has completed five years from the date of commencement of production and has employed 20 employees and, therefore, the act becomes applicable to the said establishment obliging the petitioner - trust to implement the various provisions of the act and the scheme with effect from may 1, 1978 for which code no. ..... on the basis of admitted facts and circumstances of the case, there is hardly any doubt in my mind that the relationship between the so-called associate members and the mandal is that employee and employer and the authorities have properly and correctly covered the establishment under the provisions of the act. 9. mr. ..... it is a trust registered under the provisions of the bombay public trust act and whatever profits are made by the mandal are mainly deposited in the account of building fund with a view of constructing building to help the needy persons in the society as, at present, the establishment is being run in rented premises. mr. .....

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Jul 11 2003 (HC)

Navnilal K. Shah (Dr.) Vs. Union of India (Uoi) and anr.

Court : Mumbai

Reported in : 2004(1)BomCR764; (2004)ILLJ632Bom; 2004(1)MhLj984

..... date on which the applicability of the employees provident funds and miscellaneous provisions act, 1952, hereinafter called as 'the said act', is, conclusively made known to the establishment to which the act is said to be applicable and the damages for such period cannot be levied since there cannot be a constructive default in relation to such period in the absence of applicability of the act being conclusively made known to the establishment and the loss to the fund on account of delay ..... in the event of his committing default in making the payment of contribution to the fund or in the payment of any charges payable under any other provisions of the said act or any scheme or insurance scheme or any of the conditions specified in section 17, the central provident fund commissioner or such other officer as may be authorized by the central government may, by notification in the official gazette ..... to be applied for different periods of default is well settled by the above decision of a division bench, wherein, it has been clearly ruled that the amended scheme has to be followed while imposing the damages.19. ..... the calcutta high court in aluminium corporation's case, had held that -'power to recover damages under section 14b is expressly given only in ..... the employer under the act is under a statutory obligation to deduct the specified percentage of contribution from the employee's salary and matching contribution, the entire amount is required to be deposited in the fund within 15 .....

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Aug 13 2009 (HC)

The Regional Provident Fund Commissioner Vs. Park Hotel Private Ltd. a ...

Court : Delhi

Reported in : 162(2009)DLT335; (2010)ILLJ626Del

..... provident fund and miscellaneous provisions act, 1952 reads as under:for the removal of doubts, it is hereby declared that where an establishment consists of different departments or has branches, whether situate in the same place or in different places, all such departments or branches shall be treated ..... funds and miscellaneous provisions act, 1952 ..... provident fund and miscellaneous provisions act, 1952 ..... to apply for various licences under factories act, industries act and seek registration with different departments, such as provident fund, employees state insurance corporation, sales tax and excise tax.6. ..... supreme court held that whether two units are one or distinct will have to be considered in the light of the provisions of section 2-a of the act and in such cases, the court has to consider how far there is functional integrality between the two units, whether one unit cannot exist conveniently and reasonably without the other, and on the further question, in matters of finance and employment, the employer has actually kept the two units distinct or integrated.13. ..... , hyderabad : (1988) ii llj 453, where the petitioner company first established a cement factory at vijaywada in the year, 1938 then another factory at vishakhapatnam in the year, 1978, the high court of andhra pradesh held as under:a broad criteria emerging out of the above conspectus of case law are. ..... 1 computed the contribution and deposited the same vide letter dated 31.01.2004, soon after receiving the code .....

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Nov 23 2000 (SC)

Christian Medical College Vs. E.S.i.C

Court : Supreme Court of India

Reported in : [2001(88)FLR267]; (2001)ILLJ18SC; (2001)1MLJ112(SC); 2000(7)SCALE575; (2001)1UPLBEC181

..... the question was whether the departments of publication and press run by the andhra university and the osmania university were liable for coverage under the employees' provident funds and miscellaneous provisions act. ..... in 1978 the respondent issued a notice to the appellant stating that the equipment maintenance department fell within the purview of section 2(12) of the employees state insurance act, 1948 (hereinafter referred to as the employees insurance act) and that the appellant should comply with the provisions of the act with ..... that the equipment maintenance department was not amenable to the provisions of the employees insurance act and that the respondent was not entitled to apply the provisions of the employees insurance act or to demand any contribution.4. ..... on the above decisions, the appellate court held that the provisions of employees insurance act would apply to the equipment maintenance department of the appellant.8. ..... it would have to be held that the provisions of the employees insurance act are applicable to the equipment maintenance department of ..... activities, some of which qualify for exemption, others not, involves employees on the total undertaking, some of whom are not 'workmen' as in the university of delhi case (supra) or some departments are not productive of goods and services if isolated, even then, the predominant nature of the services and the integrated nature of the departments as explained in the corporation of nagpur (supra), will be the true test. .....

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