CPFC has no Powers to issue Order NO: Coord./40(24)2010/DPG/Review Meeting/11387 dated 22nd June 2015

  • Anupam Mittal
  • October 20, 2018
  • Comments Off on CPFC has no Powers to issue Order NO: Coord./40(24)2010/DPG/Review Meeting/11387 dated 22nd June 2015

Honble High Court of Kerala at Ernakulum dated 7th February 2018 has held that the Central Provident Fund Commissioner can invoke power under para 78(3) of The Employees Provident Fund Scheme 1952 only when the directions have been issued by the Central Government under para 78(1) of The Employees Provident Fund Scheme 1952. Since there was no directions issued by the Central Government under para 78(1) of The Employees Provident Fund Scheme 1952 thus no order by invoking the power para 78(3) of The Employees Provident Fund Scheme 1952 by Central Provident Fund Commissioner can be issued. Thus  Order NO: Coord./40(24)2010/DPG/Review Meeting/11387 dated 22nd June 2015 issued by Central Provident Fund Commissioner is null and void and no action can be taken against the establishment under that order. 

Both the Honble High Court Order and order issued by CPFC is attached herewith for ready reference

HC Kerala order on prosecution_20180924131453

Coord_KYC_11388