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Rs 40k cr unclaimed amount lying with PF office: PIL


Nagpur: While listening to a suo Motu PIL, the Nagpur bench of Bombay top courtroom was once knowledgeable that a staggering Rs40865.14 crore was once lying in the inoperative accounts with the Provident Fund’s (PF) place of job until April 12, 2017. Additionally, the PF place of job was once also gaining an hobby of over Rs4,000 crore yearly in this amount.
It was once knowledgeable by amicus curiae Atul Pathak, who drafted the PIL (No1/2019), praying for directives to the Union ministry for labour and employment to frame guidelines whilst determining PF dues.

In the remaining listening to, a department bench comprising justices Ravi Deshpande and Vinay Joshi issued notices to the Union ministry and assistant commissioner with Employees Provident Fund Organisation (EPFO) in town asking them to respond prior to February 1. HC had asked the commissioner to stay for my part present in the listening to, but he failed to look.

On Monday, assistant commissioner running with EPFO’s town place of job, Devendra Sontakke, for my part seemed prior to the HC and sought apology for failure to file answer. He knowledgeable that they won the notice on January 24 and had appointed SD Sirpurkar as counsel to plead from their aspect.

However, when the PIL was once listed remaining time, Sirpurkar’s identify was once now not mentioned in the daily motive listing, which created a confusion and he couldn’t notice that. Therefore, neither his counsel nor him seemed in the listening to, Sontake said.

The judges then adjourned the listening to by eight weeks, whilst asking respondents to file a proper answer.

Earlier, the amicus quoted a document of minister of state for labour and employment Bandaru Dattatreya whilst creating a reference to unclaimed amount of Rs40865.14 crore lying with PF’s place of job. He contended that the employer was once entitled for refund of its amount with hobby, because it was once accumulated without identifying the beneficiaries.

There is hardly ever any claimant for this massive amount as without equal beneficiary is unaware of contribution being made on his behalf with the respondents, he identified.

Pathak contended that this unclaimed amount was once unique of any hobby either gained by EPFO or recovered from the employer. Moreover, the amount of damages recovered by the PF authority has remained with it simplest and it has no bearing over the advantages won by staff.


The amicus prayed for directives to Union ministry to take precautions whilst determining the PF dues and hobby as well as determine beneficiaries. He also sought directives to PF commissioner to refund the amount accumulated from the employers in opposition to the dues, hobby and damages of the unidentified beneficiaries.


The HC had taken a suo motu cognizance of cases where PF place of job determined the dues and assessed the legal responsibility for cost of contribution below the Employees Provident Fund & Misc. Provisions Act, 1952, without identifying the beneficiaries.


It was once also completed in the absence of specific amount of fundamental wages, dearness allowances and protecting allowance payable to each of the employees.




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