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Judgments of Supreme Court and High Courts On Employees Provident Fund – September 2023  

Contents News/Article Date: 1st September 2023

Relating to which Act: The Indian Constitution grants the Central and state governments the powers to enact laws to protect the employees and foster a professional work environment. Based on the industry, nature of the work, number of employees in the company, location, and more, there are various legislations like the Industrial Disputes Act 1947 (ID Act), Factories Act 1948 (Factories Act), and Shops and Establishment Acts in relevant states (S&E Act). The Employees Provident Funds & Miscellaneous Provisions Act, 1952;           

Applicable to which State: Acts and Rules are applicable to all States

Type: Important Judgements On Pf Only – September 2023

Pertains to: Establishments and Employees in all types of Organizations running businesses for profit or non profit  

Relevance of this news : Karma Management Global Consulting Solutions Pvt. Ltd. one of the top 5 labour law consulting firms  in the country, has recently hit upon  yet another significant milestone in the journey of  tying up  SUNDEEP PURI ASSOCIATES AND ADVOCATE, where both these Firms have formally joined hands together to collaborate and create a bigger alliance by  scaling up its business on Pan India basis and Internationally to give greater reach of its services together,  to its hundreds of clients all over.

Sundeep Puri & Associates (SD Puri& Co.) with 55+ years of existence and helmed by Adv Sundeep Puri & Adv Ravi Paranjpe is one of the largest retainer firms in India specializing in “Employment Laws” advising Corporate Sector. The Firm boasts of some clients being associated since the last 55+ years and majority since last 30-40 years. They have extensive experience in counselling Foreign MNCs and Indian MNC Clients having multi-locational Factories &/or Offices Pan-India on a daily basis on a wide range of “Employment & Labour” issues, keeping in view the cultural diversity of the workforce such as Acquisitions, Mergers, Consolidations, Reductions in work force, Maintaining union free environment by not undermining the principles of collective bargaining & also preserving operational flexibility in unionized settings, providing tailor made models for conflict free  productivity that is conducive Industrial Environment, as also in respect to applicability of the various labour laws.  They believe in Solution oriented Practical Advice backed by Law.

On the other hand,  Karma Management Global Consulting Solutions Pvt. Ltd. since 2004 is backed by 25 years of prior experience since 1979 , operating on Pan India basis and Internationally in Americas and EMEA, helmed by Pratik Vaidya ,  is a leading giant in payroll management, compliance and governance, human resource services, professional employment staffing and on boarding, recruitment and talent acquisition, advisory and consultations thereby offering a plethora of services with quick turn-around solutions including in-house flagship AI/ML based tech solutions so as to help organizations of different types and stature to perform better in Human Resource ensuring Risk Management, Compliance and Governance across Environmental, Social and Corporate laws and grow bigger

And in this instance: Important Judgements – September 2023 covering only PF related matters

Subject: Important Judgements on PF – September    2023

Appended Is the Complete News Item of 21 Full Judgments of Supreme Court and High Courts On Employees Provident Fund

Judgments of Supreme Court and High Courts On Employees Provident Fund
  • ’Basic wages under the EPF Act can be split into exempted allowances. (Supreme Court)
  • No pre-deposit for appeal under section 14B. (Madras HC) Recovery of EPF dues by the Authority without identification of beneficiaries is not proper. (Madras HC)
  • Order of EPF authority regarding imposition of interest under section 7-Q cannot be stayed. (Madhya Pradesh HC)
  • Recovery of EPF dues by the Authority without identification of beneficiaries is not proper. (Madras HC)
  • EPF Tribunal can extend the limitation to a maximum of 120 days. (Madras HC)
  • Trainees, engaged under standing orders, are not employees under the EPF Act. (Madras HC)
  • The Tribunal can waive/reduce the pre-deposit amount under section 7-O. (Madras HC)
  • Habitual defaulter of EPF contributions is not entitled to any relief. (Madras HC)
  • The chairman of the School receiving wages will be an employee under the EPF Act. (Delhi HC)
  • The registering Authority is empowered to refuse registration of the attached property. (Madras HC)
  • Writ before HC is maintainable when the Tribunal is not in functioning. (Madhya Pradesh HC)
  • Section 14B does not contemplate reasons for the delay in the remittance of PF contributions. (Madras HC)
  • Coolies engaged in loading/unloading work would-be employees under the EPF Act. (Karnataka HC)
  • Writ court cannot accede to the request of PF authority if not acted diligently. (Madras HC)
  • EPF authority has to consider the amount deposited by the contractor with the principal employer. (Orissa HC)
  • Damage levied under Section 14B is completely different from interest under section 7- Q. (Madras HC)
  • Burden is upon the principal employer to prove that the contractor was paying wages to employees. (Delhi HC)


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