MALABAR MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE Vs. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION

JUDGEMENT

(1.) By this original petition, the petitioner challenges Ext.P3 order passed by the Central Government Industrial Tribunal-cum-Labour Court, Ernakulam.

(2.) It was reported to the authority appointed for determination of money dues from the employer under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act, for short) that the petitioner-establishment has defaulted in payment of various dues under the EPF Act. Irregularities such as evading wages for the period from August 2016 to July 2017 so also not enrolling 196 employees under the EPF Act and non- payment of their contribution were also reported. That is how the authority under Section 7A of the EPF Act issued summons to the petitioner-establishment for determination of money dues from the petitioner-establishment under the EPF Act. Accordingly, enquiry came to be conducted and during the course of enquiry, it was pointed out the following facts:

(3.) After due enquiry, the authority under Section 7A of the EPF Act was pleased to hold that there should be clear training scheme for persons engaged as apprentice or trainee under the certified standing orders. The authority also found that during the course of hearing the matter under Section 7A of the EPF Act, the petitioner-establishment has allotted UAN to 65 employees out of 196 employees claimed to be trainees by them. With this the authority concluded that the establishment failed to enroll 196 employees to the membership of the Fund for various spells for the period from August 2011 to July 2017 and all those 196 persons were in fact employees as defined by Section 2(f) of the EPF Act. Accordingly the dues came to be determined.