M/S. LONGIA BIRL COMPANY THROUGH MD. ZIRAZUDDIN versus UNION OF INDIA AND ORS.

M/S. LONGIA BIRL COMPANY THROUGH MD. ZIRAZUDDIN versus UNION OF INDIA AND ORS.

Appellant is relieved of liability for employees' share of provident fund contribution for June 1977 to September 1985 as waived by the Provident Fund Commissioner, and the Commissioner is to indicate the amount due for the said period; the case is remanded for fresh computation of liability following previous directions; if excess amount is found, it will be refunded to the appellant; if shortfall, appellant to pay within specified time.

Parties
Appellant: M/S. Longia Biri Company; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
02 November 1995
Procedural Posture
Civil Appeal / Appeal Disposed After Remand
Outcome
appeal disposed of; case remanded for fresh computation
Legal Topics
Provident Fund Liability, Damages Computation, Waiver of Employee Share
Labour Law Employee Benefits Provident Fund Liability Damages Computation Waiver of Employee Share

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Parties

M/S. Longia Biri Company

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Disposed After Remand

Legal Issues

  1. 1 Whether the appellant was denied opportunity before computation of provident fund liability and damages
  2. 2 Whether the waiver of employee’s share of provident fund liability was valid

Ratio Decidendi

Appellant is relieved of liability for employees' share of provident fund contribution for June 1977 to September 1985 as waived by the Provident Fund Commissioner, and the Commissioner is to indicate the amount due for the said period; the case is remanded for fresh computation of liability following previous directions; if excess amount is found, it will be refunded to the appellant; if shortfall, appellant to pay within specified time.

Court Disposition

appeal disposed of; case remanded for fresh computation

Orders

  • Regional Provident Fund Commissioner to indicate by letter the amount due and payable for June 1977 to September 1985 towards employee’s share.
  • After deduction, appellant to provisionally pay Rs. 10 lakhs in addition to Rs. 8 lakhs already paid.