The E.O. did not visit my establishment for 15 years and suddenly started proceedings under 7A. He wants records for last 15 years and I can not produce such old records. That are remidies and how I can get rid of this problem.
From India, Moradabad
From India, Moradabad
is there any court ruling or law to just show records upto 7 years as of income tax etc.,
From India, Moradabad
From India, Moradabad
There is no time bar to make an enquiry under Sec.7-A of the P.F Act and the P.F Authority can call for records of previous years extending to the point of time when the Act became applicable to your establishment.. You can submit whatever records you have, explaining to him the difficluty of retrieving records as old as 15 years. however you will be heard in proceedings under Sec.7-A as per the principle sof natural justice.
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
1899B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
Dear Sai Kumar Now the E.O. is asking for affidavit for records beyond 7 years. What I should write in affidavit so that they can consider my case on natural justic basis.
From India, Moradabad
From India, Moradabad
I advise you to consult an Advocate locally to be both technically and factually sound in your replies to statutory authorities. as it will not be appropriate here to give any specific reply without going through papers, records and facts of the case.
B.Saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
Dear member
As you know, STATUTORY COMPLIANCES like PF, ESIC, LWF etc., are very much mandatory for all institutions. PF authorities have power to call for all documents like Salary Slips, Number of Employees, Attendence Register, Balance Sheet, Salary Register like many. It is employer's duty to keep all these from inception of company. Please tell me how many employees are working from inception and the present strength.
However, as opined by Mr.Saikumar, an experienced member, you should first consult a Labour consultant / advocate and submit maximum proof / documents in order to avoid further proceedings, other than 7-A.
For any further query, please post.
Rgds
Vijayan K
As you know, STATUTORY COMPLIANCES like PF, ESIC, LWF etc., are very much mandatory for all institutions. PF authorities have power to call for all documents like Salary Slips, Number of Employees, Attendence Register, Balance Sheet, Salary Register like many. It is employer's duty to keep all these from inception of company. Please tell me how many employees are working from inception and the present strength.
However, as opined by Mr.Saikumar, an experienced member, you should first consult a Labour consultant / advocate and submit maximum proof / documents in order to avoid further proceedings, other than 7-A.
For any further query, please post.
Rgds
Vijayan K
In my opinion, pl. show all the records lying with you along with the challans relating to Contributions deposIted beside giving in writing that you are not having other documents being old period.
You may also submit the position of Account Statements issued by the Deptt. During these years to prove that you had fully complied in the past, duly accepted by the Deptt .
You may also submit that no complaint of any employee was received by you relating to P. F. During this period.
Produce the Inspection Register before him showing last inspection done by EO.
Get copy of Inspection Report of EO for further action taken by you in future.
Get copy of complaint ,if any, recd. by the Deptt.
Chandok A.K.
RPFC( Retd.)
<link no longer exists - removed>
From India, Chandigarh
You may also submit the position of Account Statements issued by the Deptt. During these years to prove that you had fully complied in the past, duly accepted by the Deptt .
You may also submit that no complaint of any employee was received by you relating to P. F. During this period.
Produce the Inspection Register before him showing last inspection done by EO.
Get copy of Inspection Report of EO for further action taken by you in future.
Get copy of complaint ,if any, recd. by the Deptt.
Chandok A.K.
RPFC( Retd.)
<link no longer exists - removed>
From India, Chandigarh
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EMPLOYEES' PROVIDENT FUND & MISC PROVISIONS ACT '1952.ppt
EMPLOYEES' PROVIDENT FUND & MISC PROVISIONS ACT '1952 [Compatibility Mode].pdf