MOHD. AMIN BHAT Vs. STATE & ORS.

JUDGEMENT

(1.) The petitioner is aggrieved of the summons dated 01st Aug., 2015 besides warrants issued, on the ground that the C.P Fund amount is to be deposited in the Bank, which is the requirement of second proviso appended to paragraph 38 of the Employees Provident Funds Scheme 1961 (for short Scheme of 1961).

(2.) The mode of payment of contributions is prescribed in paragraph 38 of the Scheme of 1961. It is provided that the employer shall, before paying the member his wages in respect of any period or part of period for which contributions are payable, deduct the employees' contribution from his wages which together with his own contribution as well as an administration charge of such percentage of the total employers and employees contributions as may be fixed by the Government, shall, within fifteen days of close of every month, pay to the Fund by separate bank drafts or cheques an account of contribution and administrative charge.

(3.) Second proviso to paragraph 38 of the Scheme of 1961 provides that where there is no branch of J&K Bank at the Station where factory or other establishment of business is situated, the employer shall pay to the Fund the amount mentioned by means of State Treasury Government drafts at par separately on account of contributions and administrative charges.