Supreme Court · 2012 INSC 39 · Decided 18 January 2012

Regional Provident Fund Commissioner v. The Hooghly Mills CO. LTD. & ORS.

Court
Supreme Court of India
Citation
2012 INSC 39 · [2012] 1 S.C.R. 363
Case number
CIVIL APPEAL No. 655/2012
Decided
18 January 2012
Bench
A.K. GANGULY, T.S. THAKUR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution

Headnote

Employees' Provident fund and Miscellaneous Provisions Act, 1952: ss. 17(1 A)(a) and 14-B - Exempted estab/i<;hment - Defaults in payment of contributions to the Fund - Power to recover damages - Held: In a case of default by the employer of an exempted establishment, in making its Provident fund, s. 148 of the Act will be applicable - &middot;If there D is a default in payment of contribution to the scheme, it amounts to contravention of s. 14-B and damages can be levied. Constitution of India, 1950: E Articles 226 and 136 - Writ petition filed without availing of

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