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Annai Theresa Arts And Science College vs The Assistant Provident Fund ... cites

Roma Henny Security Services Pvt. Ltd. vs Central Board Of Trustees, E.P.F. ... on 12 September, 2012

5. He further submitted that similar issue was dealt by the Hon'ble Full bench of Delhi High Court reported in 2012 (132) DRJ 753 (FB) in the case of Roma Henny Security Services Pvt.Ltd Vs Central Board of Trustees, EPF Organization, wherein it was held that the damages under Section 14B of the EPF and MP Act were inclusive of interest chargeable under Section 7Q of EPF and MP Act. Therefore, the respondent had no right to charge the interest under Section 7Q of EPF and MP Act additionally, when it already stood payable in the order passed under Section 14B of EPF and MP Act.
Delhi High Court Cites 9 - Cited by 38 - A K Sikri - Full Document

Central Board Of Trustees vs Roma Henny Security Services Pvt.Ltd. on 27 February, 2019

It was challenged by the Central Board of Trustees before the Hon'ble Supreme Court of India in Civil Appeal No.6592 of 2014 in the case of Central Board https://www.mhc.tn.gov.in/judis Page 4 of 12 W.P.No.32860 of 2014 of Trustees Vs Roma Henny Security Services Pvt.Ltd dated 27.02.2019, wherein the Hon'ble Supreme Court of India set aside the Judgment of the Hon'ble Full Bench of the Delhi High Court and remitted the case to the Delhi High Court to consider the effect of Clause 32-A and also consider various questions afresh and decide the case in accordance with law. It was further observed that the circular dated 29.05.1990 has also been brought to its notice which provides that interest component has to be separated than the damages. Mainly the Judgment of the Hon'ble Full Bench of Delhi High Court has not considered the effect of Clause 32A of the EPF Scheme. It does not provide that the interest is included in the penalty specified in the provisions under Clause 32A of the EPF Scheme. It has also not gone into question whether the circular of 1990 issued by the Central Provident Fund Commissioner would hold the field in view of the statutory provisions of Clause 32A of the EPF Scheme introduced in the year 1991. Further, it has not taken into consideration whether Clause 32A of the EPF Scheme can be taken to include interest when provision for interest 7Q of the EPF and MP Act was not in force.
Supreme Court - Daily Orders Cites 0 - Cited by 5 - Full Document
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