(Querist) 22 December 2008
This query is : Resolved
I am writting with a lot of hope that some bright minds from the legal faternity would surely reply back and give some suggestions... A group of employees were not made member of EPF by a exempted establishment in the year 1973 to 1976.RPFC ordered to make them member against this order management made a appeal before central Government,which was rejected.Management again went in appel to Supreme court which was rejected in 1995.As per rule of exempted establishment as well as rule 60 of EPF scheme a member is entitled to interest.Will the employees be entitled to interest from they day they were made member?If yes can any one suggest a few citations.
Prof. Dr. Amaresh Kumar
(Expert) 23 December 2008
Whether in Supreme Court the employees were impleaded as parties. If yes they can file a Writ Petition before the Supreme Court of India. If not they will have to file a fresh Writ Petition before the High Court or Supreme Court of India praying for the release of the PF. As per rules they all are entitled for the PF from the date of their entitlement. They are also entitled for the interest.
Dr. Amaresh Kumar
(Querist) 25 December 2008
A few employees have preferred appeal in District consumer forum.Management have paid both contribution of PF but interest w.e.f. 1.7.1997 citing 7Q,whereas employees are demanding interest from the date of membership.Similar Judgement may help the case.
(Expert) 10 March 2009
yes they are eligible to get interest from their membership. i do not know the citations, as on now.