Provident fund

sachin agarwal (Querist) 11 February 2017 This query is : Resolved
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

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