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january 2017

Supreme Court of India · 2017-01-03

Assistant Provident Fund ... vs The Management Of Rsl Textiles India ...

Citation / case number
AIR 2017 SUPREME COURT 679
Court
Supreme Court of India
Petitioner
Assistant Provident Fund ...
Respondent
The Management Of Rsl Textiles India ...
Bench
Rohinton Fali Nariman, Kurian Joseph

Judgment text excerpt

The Supreme Court dismissed the appeals, affirming the High Court's ruling that action under Section 14B of the Employee's Provident Fund and Miscellaneous Provisions Act, 1952 cannot proceed without a finding of mens rea or actus reus on the part of the employer. The Court referenced its earlier decision in Mcleod Russel India Limited Vs. Regional Provident Fund Commissioner, Jalpaiguri, which established that the presence or absence of mens rea and/or actus reus is crucial for imposing damages under Section 14B. Consequently, the appeals were dismissed due to the lack of necessary findings regarding the employer's intent or actions.

Assistant Provident Fund ... vs The Management Of Rsl Textiles India ... · Niyam