Claim of contributions made under EPF&MP Act,1952
Govindaradjou
(Querist) 20 April 2011
This query is : Resolved
Sir,
I am an employee of an organisation which is an agency implementing the programmes under external aiding grant-in-aid through GOI. The funds are routed through GOI to all states/U.Ts'.
The EPF Contribution is being deducted from all the employees @ 12% as employee's and remitted into the EPF Account alongwith the same % as employer's contribution since 2004. Now, it has been intimated as a reply to the query by the organisation that the organisation has been excluded from operation of the EPF Act under Sec. 16(2) as per the notification No.S-35015/46/2009-SSII dated 14.05.2010 forwarded by the Ministry of Labour, New Delhi.
In this context, the employer has intimated the EPF Office that no more remittance will be made from April 2011 and also has requested the EPF Office in our state to return back the remittances made as employer contribution since 2004 to the employer's bank account.
Hence, I request you to kindly clarify in detail:
- whether the contribution made in the employees' account be claimed back by the employer for their part of contribution made to the employees.
- Is there any provision in the EPF Act that the contribution be stopped even the operation of contribution remittance is made before the notification date.
- Is there any possibility to bind over the employees by the employer for getting back the employer part of remittances made from the beginning.
- Is there any provision for the employer to get back the remittances made from the existing employees and not from the resigned employees and employees who have claimed the contributions from EPF Account.
Expecting your early reply in clarity and if possible with Sectio(s).
Thanking you,
Yours faithfully,
G.Govindardjou.
Kirti Kar Tripathi
(Expert) 20 April 2011
Once EPF was made applicable to the establishment and establishment accepted the coverages. The same can not be withdrawn as it has become the service conditions of the employees. The employees can challenge the same by filing writ petition.
