sachin agarwal
31 January 2016 at 12:31
This is the settled law that in case the dues under the provident fund contribution for the certain employees is due from the part of the employer will be determined only with respect to those employees who are identifiable and whose entitlement can be proved on the evidence, and in the event the record is not available, it would not be obligated to explain its loss, or any adverse inference be drawn on this score.
Where the employer is engaged in the construction industry and in the said industry the employer has employed certain long-term employees for whom the provisions of the provident fund act, 1952 and a scheme thereunder are being followed regularly, yet there are certain casual workers who come to work at the construction sites of the employer for a address, then these work men not been identifiable and it is practically very difficult, in fact almost impossible, to comply with the requirements of the provident fund scheme in respect of such migrant labourers. Therefore, the order of the authority for provident fund contribution without a finding about identifiablity of the employees cannot be sustained.
That the conclusion is that if the identification of the employees for whom benefits of the product contribution is entitled to be made and it is not possible practically and almost impossible to collect the details of the proper identification of such unidentified employees, the order of the provident fund authority is unjustified and therefore cannot be sustained in the eyes of law because the provident fund contribution is not a tax but this is the fund for the benefits of eligible employees and if there is no proof of address of those eligible employees the benefits of the provident fund contribution cannot be handed over to the those eligible employees in accordance with the provision of law.
shruti gupta
31 January 2016 at 11:50
Good day experts
I m employed in an aided school affiliated to u.p. board in firozabad since 7 years. I was selected through selection commission. I m basicaly from kanpur.since my only brother died in an accident, I m the lone child of my parents. Becoz of the demise of my brother my mom hav been suffering from high B P and kidney shrinkage. She needs full-time complete care and my father is also old. I have a 2years old child .my husband is employed in merchant navy and remain on ship half of the year. So responsibility to bring up my child is up to me only.
Now it has become very tough for me to continue my job from firozabad so I need to take transfer to Kanpur.
But the management committee is not willing to give me noc.
So experts I need ur kind advice whether there is any provision to get noc from management committee.
Thanks in advance
Shruti gupta
hamed bin mohd qarmoshi
31 January 2016 at 11:48
Misken Fatima complaint represent by her mother .plzz help I paid 2000/ - per month to maintan my child after divorce .I received a court notice a filling counter if any you hereby directed to attend this court on the said date without fail. Date 4 Feb 2016
Mrs.Ramya.K
31 January 2016 at 11:29
My friend was worked as contract worker and the company deducted PF. unfortunately the company terminated in 6 months(165 Days). So he went to office to submit his PF claim form. But the HR said you are not compleeted 180 days (From JUNE 15th,2015 to 31st Nov,2015 165 days). it was not possible to claim if at all submitted it will be rejected by pf. recently he joined in other company their he don't have PF facility. Advise him what to do?
Vijay Gangan
31 January 2016 at 09:37
it is necessary to legal practice to get registration from Bar council. After completion of LLB, can person eligible to do legal practice and issue legal notice on behalf of clients without registration of Bar Council. Please advise
sowjanya
31 January 2016 at 04:20
My question is "Is the decision given by LOK ADALAT final, can I file a case aginsst him in civil court " ?
Satya nand aggarwal
31 January 2016 at 03:59
Money Suit decreed with cost, lawyer submitted fee form before pronouncing judgment but not mentioned in decree sheet by mistake.
My point is whether correction can be made under section 151,152 Cpc. Please provide any judgment.
Shalini
31 January 2016 at 02:17
Hi,
As I asked earlier please tell me what is the time limit fpr bank to file a case for personal loan defaulter.From the date when loan is disbursed or the date when last emi paid.what happen if they file case after time limit.I have given them my permanent address but they did not have any residential proof because at the time of loan sanctioned they only took my rented proof not permanent address proof so can they send summon to permanent address?I want to repay loan but it will take more time.I didn't want to default but I was not able to make payment after 5-6 emi I lost my job then health issue after that my husband lost job too so we are in huge debt after that I conceived and doctor advised me to quit job and now I am a mother of 9 month baby .I was always thinking to settle the due but unable to do that because of huge debt I am tensed from last two years from the date defaulted defaulted do not know ehat to do.please advise me.
Thanks,
Shalu
miking darker so desai
31 January 2016 at 00:43
Sec 420 406 120 B of ipc grant bail by magistrate caselaws guidelines by supreme courts
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