GENEVIEVE REBEIRO Vs. CENTRAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The petitioners are employees of the respondent no.6 company. The grievance of the petitioners is directed against the actions initiated against the respondent no.6 company by the respondent provident fund authorities.

(2.) The petitioners assail the letters dated 13 May, 2014, 26 August, 2014 and 16 September, 2014 issued by the respondent authorities. By the impugned letters the respondent authorities have inter alia rejected the exemption status of the respondent no.6 on the ground that the respondent no.6 had failed to rectify the deficiencies in their proposal for grant of such exemption. Moreover, by the impugned communication dated 16 September, 2014 the respondent authorities have also directed the respondent no.6 to comply with their mandatory obligations under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "the Act").

(3.) The brief facts of this case are that the petitioners as employees of the respondent no.6 company seek continuance of an exemption status which was being enjoyed by the respondent no.6 company from operation of the scheme under the Act. It is alleged on behalf of the petitioners that the pension fund being run and operated by the respondent no.7 is more beneficial to the employees of the respondent no.6 company and the respondent no.6 company be exempted from the provisions of the Act. The petitioners further allege that they are enjoying a scheme under the Life Insurance Corporation which is far more advantageous than that provided by the respondent authorities. It is further alleged that the scheme of the respondent no.6 also provides the employees with a better standard of living. It is also alleged that the amount of pension received by the employees of the respondent no.6 post retirement from the fund maintained by the respondent no.7 would be more than that which an employee would be entitled to under the Act. The petitioners also assail the cancellation of the exemption status of the respondent no.6 company by the respondent authorities.