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2020 DIGILAW 424 (KER)

Reliance Security Agency v. Employees Provident Fund Organisation

2020-05-21

A.MUHAMED MUSTAQUE

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JUDGMENT : A. Muhamed Mustaque, J. 1. The petitioner is an establishment covered by the provisions of the Employees Provident Fund Act, 1952. According to the petitioner, Employees' Provident Fund Authority collected Rs. 91,89,079 directly from the customers of the petitioner towards provident fund dues from the petitioner. The petitioner submitted that this amount had not been credited in employees provident fund account for the reason that Electronic Challan-cum-Return (ECR) with respect to some of the employees were not furnished. 2. The petitioner moved the Regional Provident Fund Commissioner by Ext. P4 representation. 3. Heard learned counsel for the petitioner and learned standing counsel for the Employees' Provident Fund Authority. 4. Learned standing counsel for the Employees' Provident Fund Authority submits that the representation cannot be considered unless, the petitioner provide the entire information as sought by the authority. 5. On the other hand, the learned counsel for the petitioner submits that many of the employees have left and the petitioner will make every effort to get UAN (Universal Account Number) and provide the same to the Employees' Provident Fund authority. It is submitted that without awaiting for furnishing such details, the amount shall be credited therein. Having considered the dispute as above, it is appropriate that the Regional Provident Fund Commissioner takes a decision in this matter within a period of one month after issuing notice to the petitioner. The writ petition is disposed of as above.