Dismissing an appeal in Mcleod Russel India Limited v Regional Provident Fund Commissioner, Jalpaiguri & Ors the Supreme Court recently clarified that “criminal liability remains steadfastly fastened to the actual perpetrator and cannot be transferred by any compact between persons or even by statute”.
Ruling that damages imposed under section 14B of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, would be recoverable “jointly and severally from the erstwhile as well as the current managements”, the court held McLeod Russel India liable for damages on account of default in remitting provident fund contributions by a previous owner of a company it had acquired.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
