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employee's provident fund

(Querist) 04 August 2009 This query is : Resolved 
Dear reader,

case : a firm is a cab operator in new delhi, having a 5 nos of cars with 6 nos of staf, with a turn over of 29 lacs per year ( as per balance sheet of year 2008-9.

the owner has been served with notice from Commisinor of Employee's Provident Fund Dept. requesting to render all documents in support of priovident funds which the firm do not posses.

the firm is being useslessy harrased again & again to apply the PPF no. to which they are not eligible as per " sec 1(2)(a) of the act.

relief: it is most respectfully prayed to you to please tell me what reply can be given agaist the aforesaid problem. pls tell can they harres the firm? pls tell me other relevent statutory provisions in regards to the problem so that a possible defence can be made.

pls reply asap.

thanking you

yours truly

Ankit gupta

9891803682
Advocate SK Rohilla New Delhi (Expert) 04 August 2009
Dear Ankit,
The firm does not covered under PF Act therefore order of Commisinor of Employee's Provident Fund Dept is ultra virus and may be challenged by a Writ petition.

Solution:
Make a representation specifying the non applicability of PF Act on their Firm.



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