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Judgments pertaining to Provident Fund -May 17

  • Effective from 1st April, 2017 the EPFO has reduced the administrative charges 0.65 per cent from 0.85%.
  • No appeal lies against the recovery notices issued to an employer
  • An appeal filed after 122 days of prescribed limitation – not sustainable
  • Demand of EPF dues by department in respect of disputed employees is not sustainable
  • Appeal against the order under section 7-Q of the Act passed by the EFP authority is not maintainable
  • Calculation of EPF dues - basis of rates before and after 26.09.2008
  • Rates for calculation of EPF dues and damages - before and after 26.09.2008
  • Rates before and after 26.09.2008 – calculation of EPF dues, damages and interest
  • An order passed by the EPF authority without considering the documents submitted by the employer, is liable to be set aside
  • Assessment of damages and interest with retrospective effect (prior to allotment of code number) – not sustainable
  • Calculation of EPF dues and damages - rates before and after 26.09.2008
  • Without identification of employees assessment of EPF dues – not sustainable
  • Assessment of EPF dues in respect of excluded employees - not sustainable
  • Exemption from EPF Scheme shall be deemed to have been granted if application filed has not been considered within six months
  • Belated complaint of employee regarding less payment of EPF dues – not sustainable
  • Rates before and after 26.09.2008 are different for calculation of EPF dues and damages
  • Judgements pertaining to Provident Fund
  • Part time lecturer is to be covered as ‘employee’ under the PF Act.  Hyd. HC 599
  • Appeal in EPF Tribunal cannot be filed beyond 120 days. Pat.HC 605
  • RPFC must pass speaking order.   Bom. HC 595
  • Proper opportunity must be given by RPFC for coverage of an establishment. Ori. HC 596
  • Limitation Act not applicable for filing appeal in Tribunal. Pat. HC 605
  • Court can grant interim relief when prejudice is to be caused by a party. Cal. HC 593
  • A registered letter received by family member of the addressee would be deemed to have been delivered. Ori. HC 663
  • EPF Appellate Tribunal is not a Court but discharges functions of Court.  P&H HC 608
  • Damages and interest to be levied on delayed deposit of EPF contribution. P&H HC 616
  • Employer is liable to pay EPF dues if contractor fails to make Payment. P&H HC 616
  • Levy of damages for delayed remittance depends upon relevant reasons. Karn. HC 591
  • Limitation Act not applicable to Provident Fund Act as its being a welfare legislation. P&H HC 608
  • Reviewing authority must not pass an order without reasons. Ori. HC 663
  • Financial crunch not sufficient reason to waive damages for delayed deposit of EPF dues. Karn. HC 591
  • High pension proposed by employee permissible provided the employer agrees to pay administrative charges. MP HC 588
  • An appeal before Tribunal is not tenable when filed beyond 120 days. Pat. HC 605
  • EPF Act not to apply on establishment with less than 20 employees.  Ori. HC 596