sachin agarwal
11 February 2017 at 22:26
There are certain guidelines for holding enquiry under section 7A of the EPF act, 1952 while deciding as to whether the pygmy agents working for the bank are employees of the bank and same are liable to be covered under the act, 1952 or not
in this regard. It is pertinent to submitted that while holding an inquiry under section 7A of the act, 1952 by the enquiry officer. There are certain guidelines issued by the Bombay High Court, such as the EPF authorities should collect necessary documents by inspection of records of the establishment/industry, it direction to the management to produce the document as may be found necessary, should be issued whenever the EPF authorities realise that the management is holding back certain documents.
The appointment orders/contract letters or agreement in between the bank and the pygmy agents/deposit collectors should be made available for scrutiny and should be taken into consideration.
Based on the above documents, the EPF authorities must adjudicate on the following are acts like 1. Whether the contacts/appointment orders have a semblance of employer- employee relationship, 2. Whether there is any supervision, control and direction of the bank over such agents, 3. Whether these agents are under an obligation to work only for a particular bank or its branches, 4. Whether these agents are permitted to work elsewhere or undertake any other business, job, profession or calling, 5. Whether such agents are primarily depend upon the work of collecting deposit for a particular establishment.
Interrogate the pygmy depositors to elucidate information about their exact nature of duties.
Based on the documents and an analyses upon considering the above mentioned factors, the APFC will have to arrive at a conclusion supported by regions. That such pygmy agents can be termed as "workmen"and share employer- employee relationship with the bank and are being paid wages disguised as commission. The said commission amount would then be termed as basic wages under section 2B of the act, 1952
sachin agarwal
11 February 2017 at 22:05
Applicability of the provident fund upon an establishment under the provisions of the EPF act, 1952 on the sole basis of report filed by the enforcement officer is not proper because there was no proper enquiry under section 7A of the act, 1952 was conducted by the enquiry officer in accordance with the provisions of the act is applicable upon the establishment and without given the opportunity to the employer to examine such employees and also to examine the report filed by the enforcement officer including with to examine the enforcement officer who prepared such report because without following the rule of natural Justice. The enquiry as well as the report cannot be say in accordance with the provisions of law therefore it is necessary on the part of the enquiry officer to conduct the enquiry under the guidelines issued by the various superior authorities and under the provisions of 7A of the act, 1952. In case there is no justified regions given under the enquiry by the enquiry officer, then the such inquiry cannot be said a proper inquiry and same is liable to be quashed.
shubham
11 February 2017 at 20:46
Dear sir
Myself Shubham Agarwal, Assistant Executive Engineer in Border Roads Organization. I was appointed on 12 Jan 2016 through UPSC Engineering Services Examination 2014. Since then i am discharging my duties upto good level.
I am working in remote area where temperature is subzero and other working condition are not good. I have develop some problems in my spine. Because of some problems with my Officer Commanding ( Army Major) I decided to go on Medical leave as prescribed by Orthopedics Surgeon at gangtok.
Sir i worked for one full year and the taken 3 month leave ( 48 EL+ 28 HPL+ 14 EOL). Sir due to bad working conditions i want to remain in medical leave for another one and half year and want to prepare for another attempt to ESE 2018. Sir due to my family conditions i can't afford loosing this job and want to study again.
Sir i want Your advice on some major points-
1.The appointing authority terminate the service on medical grounds( Medical certificate from civil surgeon need to be furnished).
2.Would department initiate any inquiry? If department thinking about termination would they provide me sufficient chance to rejoin me again in service.
3. How much Maximum time i can avail on EOL. Also best suited method for availing Maximum EOL.
4. If department wants another medical opinion for approving leave then what i need to do?
5. Once appear in another exam and got selected then if i apply for resignation from service would department object or reject the application or would not provide NOC.
6. What are the points i need to take care before joining another service if i got terminated or remain in this service with EOL.
I am subjected to some army acts and rule which are only for disciplinary purpose and subjected to only minor punishments. CCS rules are applicable for all purposes.
Sir please provide your rightful insight to me and help with your advice and suggestions.
Thanks for your time and considerations in advance
Yours Sincerely
Shubham Agarwal
Member (Account Deleted)
11 February 2017 at 00:02
can a child less than 14 years of age can work as a volunteer in NGO?
Anonymous
10 February 2017 at 18:50
Hello, I worked with reknowed BPO for 6 months. In appointment letter they mentioned that PF employer's contribution will be 1800 however, when I am checking my UAN passbook it is showing they credited 550 each month only. Also, I received 5 month salary n 1 FNF Settlement amont but they have credited just 4 month of PF. So, 1 month complete PF amount and FNF Settlement PF amount not credited. What will I do now.
Himanshu Sharma
10 February 2017 at 16:20
I worked with a reputed private sector bank for more than 6 years. I resigned from the services of the bank in 2013. As per the PF amendment dated 15-1-2011, all inoperative PF accounts will be credited with the Interest only for three years from the last working date.
However as per the subsequent amendment on 11th november, 2016, all inoperative accounts will be credited with the interest as announced by the board of trustees.
I would like to understand that would my account be credited with interest or not.
Sudhir
10 February 2017 at 15:57
I was working in a psu bank and had resigned 2 months back by serving 3 months notice period to join a central govt deptt.
During my service i had recommended some loans and had taken proper care in loan but what if any irregularities found later on my recommended loans, can bank issue chargesheet or any inquiry against me
And if loans would fully paid even after any irregularities then what can be the consequences.
Kindly guide me in this.
Thanking You
Sudhir
bolbanda chetananand
10 February 2017 at 12:45
Dear Sir,
I just want to know the latest ammendments and updation in labour acts and where will i get latest labour laws books.
If i want to know latest updates in labour laws then which site i have to browse for information on labour laws.
Please sir update me.
Regards,
B.Chetan
HRD
MOHAN JAIN
10 February 2017 at 08:47
Please let me know applicability of gratuity Act in Schools or not?
MJ
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Provident fund
An order passed by authority without extending any notice or opportunity to the party concerned, is liable to be quashed being violative of principles of natural Justice.
As far as the service of notice is concern, it can be said that without following the rule of natural Justice during the enquiry under section 7A, 14 B, the such inquiry cannot be sustained in the eyes of law. There are a little bit of chance to hold the enquiry justified if in their case there is any notice issued by the authority to the aggrieved person and aggrieved person could not attend the hearing intentionally therefore there is no violation of rule of natural Justice. But if there is any factual as well as legal mistake, error on the part of the enquiry officer regarding the service of notice is clear-cut violation of rule of natural Justice. Hence the total enquiry is unjustified. If there is any provision under the act or law regarding the intimation of inquiry should be given to the person who is eligible to join the enquiry should be given in accordance with the provisions thereunder and without following the provisions the enquiry must be no force of law and same is liable to be set aside.
There are certain obligations not only upon the part of the enquiry officer but also to the aggrieved person to perform their part in accordance with the provision of law and without performing their duties in terms of the law, then the enquiry is not sustainable in the eyes of law.