Supreme Court of India

Regional Provident Fund Commissioner v. The Hooghly Mills Co. Ltd. & Ors.

Neutral citation
Bench Asok Kumar Ganguly and T.S. Thakur JJ.
Decided 18 January 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that in a case of default by the employer by an exempted establishment, in making its contribution to the Provident Fund Section 14B of the Act will be applicable.

Judgment, page 27

In brief

By notification dated 23.11.1967 the Central Government, under s.17(1)(a) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, exempted the respondent company from the operation of the provisions of the Scheme, subject to the conditions in the notification and the Explanation to s.17(1). The company framed its own scheme and constituted a Board of Trustees. It admittedly defaulted in timely payment of provident fund dues for the periods October 1999 to October 2000 and November 2000 to July 2002.…

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