Jagrati Co-operative Society (JCS) is engaged in the manufacturing and selling of Papad and Pickles and has employed 35 female workers belonging to the nearby villages. The JCS is registered with the Registrar of Co-oper
CS Professional · Labour Laws & Practice · PYQS · June 2022
Jagrati Co-operative Society (JCS) is engaged in the manufacturing and selling of Papad and Pickles and has employed 35 female workers belonging to the nearby villages. The JCS is registered with the Registrar of Co-operative Society under the Co-operative Societies Act, 1912 and is having its works/administrative office in Palghar, Maharashtra. The JCS is providing salary to its female workers, but is not deducting any Provident Fund. One day, Sandhya, a female worker of the JCS, made a complaint to the PF Dept. of that area for not deducting the PF from her salary. So the JCS received a notice from the PF Dept. The JCS has approached you for the legal advise. What will be your answer?
Answer & Explanation:
Section 16(1) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 provides that the Act shall not apply to certain establishments as stated thereunder. Such establishments include- establishments registered under the Co-operative Societies Act, 1912, or under any other law for the time being in force in any State relating to co-operative societies, employing less than 50 persons and working without the aid of power; or to any other establishment belonging to or under the control of the Central Government or a State Government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the Central Government or the State Government governing such benefits; or to any other establishment set up under any Central, Provincial or State Act and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that Act governing such benefits. Since Jagrati Co-operative Society (JCS) has only 35 lady workers working without aid of power and registered with the Co-operative Societies Act, 1912, hence there is no requirement to deduct any Provident Fund as per the provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952.
Topics: Employees' Provident Funds and Miscellaneous Provisions Act, 1952
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