The main legal point established in the judgment is the authority of the Regional Provident Fund Commissioner to decide the entitlement of an employee to become a member and the date from which the employee is entitled to become a member, emphasizing the need for a comprehensive inquiry into the matter.

JUDGMENT

Lisa Gill, J. - This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

2. Petitioner - M/s Malviya Shiksha Sadan, Sonipat has filed this writ petition seeking quashing of order dated 18.02.2019 (Annexure PI) passed by the Regional Provident Fund Commissioner-II.

3. Brief facts necessary for adjudication of the matter are that respondent - employees i.e. respondents No. 3 to 7 alongwith some others, filed a complaint dated 25.07.2007 regarding their non-enrolment as EPF members from the date on which they became eligible for the same instead of 01.04.2006. The Assistant Provident Fund Commissioner vide order dated 20.05.2011, passed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short - 'the Act'), concluded that three of the complainants/employees were to be considered from the dates as mentioned in the said order on the basis of various documents like experience certificate, identity card of the school and recommendation letter of the school to the licencing authority. Establishment - petitioner, was directed to provide all the benefits due from the date of their joining the institution on minimum wages upto the date w.e.f. which they had become members of the EPF i.e. 01.04.2006 and furthermore no share from the employees' side would be taken from the employees and management was directed to bear the same from its own sources.

4. It is relevant to note at this stage that the controversy, which had prompted initiation of proceedings, revolved around the period from which the respondents - employees were eligible for the benefits. The Management of the petitioner - institute had admittedly been taken over by the present Management w.e.f. 05.11.2007. Respondents - employees were enrolled as members of the EPF w.e.f. 01.04.2006. However, respondents No. 3 to 7 were claiming eligibility from the date of their appointments in the years 1997-98 etc.

5. Order dated 20.05.2011 was challenged by the Management before the learned Employees Provident Fund Appellate Tribunal at New Delhi (for short - 'EPF AT'). Learned EPF AT vide order dated 16.08.2016 (Annexure P4), observed that the Assistant Provident Fund Commissioner did not have jurisdiction to decide whether an employee is entitled to, or required to become or the date from which he is so entitled or required to become a member, under para 26-B of the Employees Provident Fund Scheme, 1952 (for short - 'EPF scheme'). Thus, the matter was remanded to Regional Provident Fund Commissioner of the concerned area to decide the date from which the employees were entitled to become members for purpose of the Provident Fund contributions.

6. Pursuant to the remand, impugned order dated 18.02.2019 (Annexure PI) was passed by the Regional Provident Fund Commissioner (II).The Regional Provident Fund Commissioner while taking into account that the new Management had failed to produce the record of employment of respondent - employees, held that mere change of Management or ownership cannot deprive the employee or worker of the said establishment from their social security benefits under the Act. Learned Regional Provident Fund Commissioner in great detail described the specific documents produced by the employees in question, as is evident from a perusal of order dated 18.02.2019 and proceeded to hold respondents No. 3 to 7 to be eligible for membership of the Employees' Provident Funds Scheme, 1952 (for short -'EPF scheme') as below:-

1. Sh. Ramesh Kumar w.e.f. 02.03.1998

2. Sh. Dharmpal w.e.f. 02.03.1998

3. Sh. Jitender Kumar w.e.f. 13.07.1998

4. Shr. Sri Bhagwan w.e.f. 23.07.2004

5. Sh. Dharmdas w.e.f. 09.12.2000

7. Petitioner - establishment was directed to enroll all the employees as EPF members from the date of their joining and deposit their provident fund contribution within thirty (30) days of receipt of order, failing which action under Section 7 A of the Act would be initiated.

8. Pe