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Provident fund

(Querist) 12 February 2012 This query is : Resolved 
Sir, We have taken EPF no voluntarily in the year 2006 showing 1 employee and paying the contribution of said 1 employee, because we have got a Contract at Bhilai Steel Plant, and the company was not ready to prove the job without EPF no.

All our labours are getting more than 7000 rupees per month, and so far i know, epf is payable upto 6500.

Presently we have 282 labours working at different plants at bhilai.

Some Enforcement personnal came to me and said that I will be punished as I have not epf contribution for all the days and having so many labours.

Now please advice me, what is my liability?

Shall I need to submit any return in this regard, that the labours are getting more than 7000 rupees as salary per month through out these all years?

Please advice.

Thank you, SUNIL KUMAR.
Sudhir Kumar, Advocate (Expert) 12 February 2012
on the face of it you appear to be corrupt who got PF no ony to bad a contract. You say that all wrokers get more tahn 7000 does not mean it is basic+da=7000.
Sunil Kumar (Querist) 12 February 2012
In local business, practically, labours need money and to be satisfied with all their requirements. So, in practical, we have no classification, we only pay gross! Apart from this, we offer free medical, free lodging, free food also, which if you calculate, must have another figure. But, this is the process, contract labours works in any part of India. I seek serious comment, help and advice from the LCI formum. Namastee.
V R SHROFF (Expert) 12 February 2012
U ONLY REPLY UR QUERY:
CORPORATE MUST HIRE GOOD ADVOCATES;
You being Manager, must manage these thru pad services, being business.

COMMERCIAL QUERY CANNOT BE REPLIED HERE.
prabhakar singh (Expert) 12 February 2012
COMMERCIAL QUERY CANNOT BE REPLIED HERE.
Guest (Expert) 12 February 2012
I endorse views of S/Shri Shroff and Prabhakar Singh ji. You/ your company can well afford hiring services of some good service law expert.
Shailesh Kr. Shah (Expert) 12 February 2012
@Dhingra ji,

nice to see you, after long time.
Guest (Expert) 12 February 2012
Thanks Shailesh ji. My long illness prevented me to come online.
Raja (Expert) 12 February 2012
there are so many threads earlier replied by experts which seems to be commercial very clearly, then why not this? any special intention!
Guest (Expert) 12 February 2012
Dear Mr. Raja,

You could well have known the reason (not intention) for non-reply had you gone for the status of the querist working as a manager of a firm having 282 labours working at different plants at bhilai.

The querist is not a hapless individual layman employee or a group leader of merely 4-5 workers seeking help through this forum, which would have been readily rendered voluntarily by several experts.

So, naturally, his firm can well afford to hire services for an expert, as he is seeking help of experts for commercial benefit to a big firm only.
Raja (Expert) 12 February 2012
whether this small question will solve all his problems in future? don't you think that he may contact one of them if some good response is there (that is the only best choice he may have).

in this type of enquiry, dont you think people usually hide numbers and say 4-5 workers normally! and he has boldly stated the truth 282. this is the first time i am getting such a clear confession. i think we must advice and you are the best to reply this query sir in this field, so i keep myself away and waiting for your response.
Sunil Kumar (Querist) 12 February 2012
Sir, I am ready to hire if somebody can kind enough to reply.
Guest (Expert) 12 February 2012
Dear Sunil Kumar,

With reference to your latest query, I would like to advise you, it is better if you prefer to hire some local expert on service matters rather than some outsider.

However, if you prefer to hire some outsider and willing to avail his services through email or telephone, you may better go through individual profiles of some service law experts to have a better selection by yourself, rather than getting recommendation from some one.
Guest (Expert) 12 February 2012
Dear Raja ji,

No doubt, I can solve his service related problems, but reply to the present small query will not be sufficient to solve his HR or service law related problems for his workers. I know there will be no end to inter-related supplementary queries pertaining to day-to-day employee related problems, as no single section of any Act or a singlemost Act of law regulates the services of diverse segments of workers of any organization. I hope you have already observed this fact in another query at: http://www.lawyersclubindia.com/experts/Minimum-wages-278491.asp
Raj Kumar Makkad (Expert) 12 February 2012
I stand behind Dhingra ji.
Guest (Expert) 12 February 2012
Dear Makkad ji,

Thanks for your moral support.
A K CHANDOK (Expert) 13 February 2012
Since the estt. has been covered (even though voluntarily), All stautory returns are to be filed with in due time limits.
Estt. has to depoist contributions in r/o eligible employees, herein stated to be only one employee, but estt. must ensure that all other ees, who are being treated as "Excluded"ees. by virtue of being getting wages/salary above Rs. 65--/- PM ,were not the members of PF before joining this estt.
During 2006-2011, there must have been some inspections-any observation made? If not, need not to worry as verble directions carry on weight.
In case of any dispute, let it be decided u/s 7-A first during which, estt can put all its version.
for further advise, estt may contact me at
chandokak@yahoo.co.in or peruse my website www.akchandok.com
Adv.A.K.CHANDOK
RPFC (Retd.)
A K CHANDOK (Expert) 13 February 2012
Pl. read 6500/- instead of 65--/ and no weight instead of on weight
A K CHANDOK (Expert) 13 February 2012
Pl. read 6500/- instead of 65--/ and no weight instead of on weight


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