Supreme Court of India
Horticulture Experiment Station Gonikoppal, Coorg v. The Regional Provident Fund Organization
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.
What the Court ordered
For the aforesaid reasons, the view expressed by this Court in Employees State Insurance Corporation (supra) may not be of binding precedent on the subject and of no assistance to the appellant(s).
Judgment, page 12
From the headnote
Employees Provident Fund & Miscellaneous Provisions ct, 1952: ss. 7A, 14B – Power to recover damages – Mens rea and actus reus, if essential element for imposition of damages – Appellant’s establishment failed to comply with the provisions of the Act – There was delay in payment of employees provid ent fund- EPF amount – Levy of damages for the period – Chall enge to – High Court held that once default in payment of con tribution is admitted, damages u/s. 14B are consequential, and e mployer is under obligation to pay damages for delayed in paym ent of contribution of EPF u/s. 14B – Held: Any
Authorities it was built on
- 2006 Chairman S.E.B.I. v. Shriram Mutual Fund and Anr.
- 2008 Union of India and Ors. v. M/s Dharamendra Textile Processors and Ors.
- 1989 Gujarat Travancore Agency, Cochin v. Commissioner of Income-tax, Kerala, Ernakulam
- 1979 Organo Chemical Industries & Anr. v. Union of India & Ors.
- 2007 Dilip N. Shroff v. Joint Commissioner of Income Tax, Mumbai and Anr.
- 2014 Mcleod Russel India Limited v. Reg. Provident Fund Commissioner, Jalpaiguri
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