Highlights of 17 Full Judgments On Employees’ Provident Funds & MP Act and Its Schemes
Contents News/Article Date: 2nd November 2022
Relating to which Act The Employees Provident Funds & Miscellaneous Provisions Act, 1952
Applicable to which State: All States and Establishments where PF Act is applicable
Type: EPFO India News Updates
Pertains to employers and employees
Relevance of this news: Karma Management Global Consulting Solutions Pvt. Ltd is in the business of Payroll, Outsourcing, and Regulatory Compliances from its inception in 2004 since then, has brought in a lot of efficiencies and technological upgradations with experts on its role, to ease the hassles of Payroll Processing, Temp Staffing On-boarding, Regulatory and Payroll compliances by providing customized solutions to all its elite clients.
Karma Global takes care of hundreds of clients’ PF and pension work on a Pan India basis and some of the important services are mentioned below :
- Helpdesk for Inoperative Accounts and guidance to members.
- Online withdrawal of EPF – Employees who have been unemployed for more than 2 months are eligible to withdraw their EPF amount. However, the Aadhaar and bank details of the employee must be linked with the UAN.
- International workers generating a Certificate of Coverage.
- Monthly returns for exempted establishments –
- UMANG App – helping members with this App and giving proper guidance.
- Online transfer of EPF –
- Helping New Establishments to register online –
- Online payments of PF – It is compulsory for all organizations to make PF payments online. Currently, Kotak Mahindra Bank, Axis Bank, ICICI Bank, HDFC Bank, Bank of Baroda, Union Bank of India, Allahabad Bank, Indian Bank, Punjab National Bank (PNB), and State Bank of India (SBI) are the 10 banks that have agreements with the EPFO for the collection of dues.
- Missed call and SMS service – Members who have activated their UAN can access their PF balance, previous contribution, the status of KYC, etc., by sending an SMS (Format: EPFOHO UAN) to 7738299899 or by giving a missed call to 011-22901406. Employers will also receive an SMS for non-payment of EPF.
- Claim status and passbook – The EPFO members will be able to check the status of their claims as well as view and download the EPF passbook with the help of the UAN.
- Grievances – Karma Global addresses all issues and concerns regarding the settlement of pension, transfer of PF, withdrawal of PF, etc., Grievance redressals are a top priority for the EPFO, and they are dealt with swiftly by them and Karma Management with the help of EPFO tries to resolve the concern of the members as soon as possible with constant monitoring and facilitation.
Given below are some of the Highlights of 17 summarized judgments on PF as announced and the verdict given by various courts.
Subject: HIGHLIGHTS OF 17 FULL JUDGMENTS ON EMPLOYEES’ PROVIDENT FUNDS & MP ACT AND ITS SCHEME
HIGHLIGHTS OF 17 FULL JUDGMENTS ON EMPLOYEES’ PROVIDENT FUNDS & MP ACT AND ITS SCHEMES
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- While conducting the enquiry, the authority must comply with the circulars, instructions, and guidelines. Telan. HC 1242
- The rate of damages for delayed deposit of EPF dues must be effective at reduced rates. Mad. HC 1290
- No damages and interest can be levied for non-remittance of EPF dues. Del. HC 1262
- EPF Authority cannot take any coercive action till the expiry of time granted to be deposited. Del. HC 1266
- Any order of the EPF Authority for imposing penalties without analyzing facts is not sustainable. Ker. HC 1272
- Non-compliance with directions by EPF Authority within 10 days is a criminal offense. Pat. HC 1292
- While clubbing two establishments, in the same building, the Enforcement Officer should have taken photographs. Ker. HC 1277
- An appeal is to be filed within 60 days from the date or knowledge of the order. Bom. HC 1260
- EPF authority must look at the plea of the petitioner establishment for its exemption from the Act. Telan. HC 1242
- Condition for pre-deposit of appeal can be reduced to 20% of the determined amount due to financial hardship. Del. HC 1263
- The quasi-judicial authority must refer to all documents and records. Ker. HC 1277
- Tribunal can condone a delay of 60 days for filing an appeal subject to sufficient cause. Bom. HC 1260
- EPF contributions are payable by the principal employer, employees of contractors without a Code number. Ker. HC 1276
- During the investigation by the police, the court should not go into the merits of the allegations. Pat. HC 1292
- Tribunal has discretionary power to reduce or even waive the condition of pre-deposit. Del. HC 1263
- Pension is no longer a bounty to be paid at the whims and fancies of the employer. Ker. HC 1280
- Without giving specific reasons, reducing damages to 5% of the demand by the Tribunal, is not entirely satisfactory. Ker. HC 1272
- While holding the enquiry, the Authority shall follow the guidelines/instructions of EPFO. Telan. HC 1242