L.I.C.I Vs. UNION OF INDIA

JUDGEMENT

(1.) By consent of the parties and in view of the common questions of law which arises for consideration both these petitions were heard analogously.

(2.) The grievance of the petitioner [Life Insurance Corporation of India (LICI)] is directed against an order dtd. 9/11/2023 passed under Sec. 2(i) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (the Act). By the said order, the respondent no. 3 authority has dismissed an appeal in a proceeding under Sec. 14-B and 7-Q of the Act. By the said order, damages of Rs.1,66,26,124.00 were assessed against the petitioner for delayed remittances to the Provident Fund Authorities of its employees for the period March, 2012 to November, 2016. The order further records that during the pendency of the proceeding before the respondent Authorities since the entire amount of damages had been recovered by the authority there was no dispute to be resolved between the parties. In this background, the appeal was dismissed.

(3.) The moot question which arises for consideration is whether Financial Service Executives (FSEs), are to be treated as employees of the petitioner or not?