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Employer has to establish that his institution is not covered under EPF & MP Act, 1952

Raj Kumar Makkad ,
  28 June 2010       Share Bookmark

Court :
Delhi High Court
Brief :
Employees Provident Fund and Misc. Provisions Act, 1952 - Enquiry under section 7A - Employment of minimum number of employees - Onus of Proof?
Citation :
Saraswati Construction Company v. Central Board of Trustees (Decided on 19.04.2010) MANU/DE/0827/2010

Held, it is a settled legal position that if any establishment or employer is not covered under the said Act, then it is for the employer to place sufficient cogent and convincing material before the designated authority in an enquiry under Section 7A so as to satisfy the authority with regard to the non-applicability of the Act and on failure to place any such material, the onus cannot be shifted on the EPF authorities to prove the applicability of the Act, who under no circumstances, can be in possession of necessary records evidencing the extent of strength of employees in any particular establishment.


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Published in Labour & Service Law
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