Applicability of id act to staff working in epfo

Vasudevan (Querist) 10 July 2022 This query is : Resolved
I had worked in Employees Provident Fund Organisation {EPFO} (An Autonomous body under Ministry of Labour) and retired. I had not been paid Bonus which has become due in Feb 2021. I would like to file under Industrial Disputes Act before the Assistant Labour Commissioner (Central) for adjudication. Whether EPFO comes under Industrial Dispute Act. Kindly guide me as I am appearing as party in person.
Thanks to all Learned Experts in anticipation.

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Quick Summary

A retired EPFO employee is seeking to file a claim under the Industrial Disputes Act for an unpaid bonus. The core question is whether the Act applies to staff of the Employees Provident Fund Organisation, an autonomous body that follows Central Government rules. While some experts suggest it does if certain conditions are met, others believe EPFO employees may not fall under the definition of 'workmen' for the Act's purposes. The discussion also touches on bonus regulation via CG Bonus orders and potential jurisdiction under CAT.

kavksatyanarayana (Expert) 10 July 2022
I think under the provisions of the Industrial Disputes Act, 1947 for adjudication of industrial disputes shall be presented in Form I by the appellant in person or by an agent or by a duly authorized legal practitioner to the Registry or any other office authorized in writing by the Registrar to receive the same or be sent by registered post with acknowledgment due duly addressed to the Registrar of the Tribunal.

Vasudevan (Querist) 10 July 2022
Much obliged by the response of Learned Expert Shri KAVK Satyanarayana. My specific query is that whether ID Act shall apply to the staff of Employees Provident Fund Organisation, an Autonomous Body under the Ministry of Labour, New Delhi which is adopting the rules of Central Government employees. Kindly clarify the same please.

Dr J C Vashista (Expert) 11 July 2022
Yes, provisions of Industrial Disputes Act, 1947 apply to EPFO, if it satisfies conditions stipulated in Section 2 (s) of the Act.

Vasudevan (Querist) 11 July 2022
Much obliged by the response of Learned Expert Shri Dr. J C Vashista. My sincere thanks to one all in this Lawyer Forum.

krishna mohan (Expert) 11 July 2022
EPFO bonus is regulated as per CG Bonus order. If you were regular employee it will be regulated as per said order terms including your eligibility. Hope you are not employed thru out sourcing contractor then in that case your case will come under CLC. jurisdiction.

P. Venu (Expert) 11 July 2022
To my knowledge, employees of EPFO do not come within the definition of "workmen" and hence provisions of ID Act are of no application.

Vasudevan (Querist) 12 July 2022
Thank your very much to Learned Experts Shri Krishna Menon and Shri P. Venu. I am regular employee of EPFO. Once again thanks for sharing your valuable know;edge to this poor old man.

Sudhir Kumar, Advocate (Expert) 04 December 2022
You are sure within CAT jurisdiction

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