Arghaa HR Technologies flagship division of Arghaa HR Solutions LLP is a Management Business Process Organization managed by highly stupendous professionals from across industries, is bound towards facilitating Organizational Renovation, Managing Human Side Changes eventually creating.
Arghaa Hr Technologies, Flat no1, shreenath apartment, sevilimedu
Kanchipuram
Tamilnadu
631502
India

Judgments pertaining to Provident Fund -May 17

  • Effective from 1st April, 2017 the EPFO has reduced the administrative charges 0.65 per cent from 0.85%.
  • No appeal lies against the recovery notices issued to an employer
  • An appeal filed after 122 days of prescribed limitation – not sustainable
  • Demand of EPF dues by department in respect of disputed employees is not sustainable
  • Appeal against the order under section 7-Q of the Act passed by the EFP authority is not maintainable
  • Calculation of EPF dues - basis of rates before and after 26.09.2008
  • Rates for calculation of EPF dues and damages - before and after 26.09.2008
  • Rates before and after 26.09.2008 – calculation of EPF dues, damages and interest
  • An order passed by the EPF authority without considering the documents submitted by the employer, is liable to be set aside
  • Assessment of damages and interest with retrospective effect (prior to allotment of code number) – not sustainable
  • Calculation of EPF dues and damages - rates before and after 26.09.2008
  • Without identification of employees assessment of EPF dues – not sustainable
  • Assessment of EPF dues in respect of excluded employees - not sustainable
  • Exemption from EPF Scheme shall be deemed to have been granted if application filed has not been considered within six months
  • Belated complaint of employee regarding less payment of EPF dues – not sustainable
  • Rates before and after 26.09.2008 are different for calculation of EPF dues and damages
  • Judgements pertaining to Provident Fund
  • Part time lecturer is to be covered as ‘employee’ under the PF Act.  Hyd. HC 599
  • Appeal in EPF Tribunal cannot be filed beyond 120 days. Pat.HC 605
  • RPFC must pass speaking order.   Bom. HC 595
  • Proper opportunity must be given by RPFC for coverage of an establishment. Ori. HC 596
  • Limitation Act not applicable for filing appeal in Tribunal. Pat. HC 605
  • Court can grant interim relief when prejudice is to be caused by a party. Cal. HC 593
  • A registered letter received by family member of the addressee would be deemed to have been delivered. Ori. HC 663
  • EPF Appellate Tribunal is not a Court but discharges functions of Court.  P&H HC 608
  • Damages and interest to be levied on delayed deposit of EPF contribution. P&H HC 616
  • Employer is liable to pay EPF dues if contractor fails to make Payment. P&H HC 616
  • Levy of damages for delayed remittance depends upon relevant reasons. Karn. HC 591
  • Limitation Act not applicable to Provident Fund Act as its being a welfare legislation. P&H HC 608
  • Reviewing authority must not pass an order without reasons. Ori. HC 663
  • Financial crunch not sufficient reason to waive damages for delayed deposit of EPF dues. Karn. HC 591
  • High pension proposed by employee permissible provided the employer agrees to pay administrative charges. MP HC 588
  • An appeal before Tribunal is not tenable when filed beyond 120 days. Pat. HC 605
  • EPF Act not to apply on establishment with less than 20 employees.  Ori. HC 596
Top