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2021 Supreme(Online)(KER) 6659

MALABAR MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE – Appellant
Versus
THE REGIONAL PROVIDENT FUND COMMISSIONER – Respondent


Advocates:
['V B HARI NARAYANAN', '', 'SMT RUBY P PAULOSE', 'SMT SALIHA BEEVI P A', 'SMT GAYATHRY J']

JUDGMENT

Dated this the 4th day of February 2021 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 & 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:

a) Out of 196 non enrolled employees mentioned by the Provident Fund Department, the petitioner- establishment has allotted UAN to 65 of them from

01.10.2015 onwards.

b) Out of the balance 131 employees, 3 were stated to b

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