EPF
jitendra singh
(Querist) 25 May 2011
This query is : Resolved
Dear Dhingra Sir,
A pricipal employer engage 14 employee, and 7 workers of contractor, Contractor pay wages and maintain pf a/c of his worker.
Contractor worker not under the payroll of principal employer, Contractor get their payment by issusing monthly invoices to pricipal employer
1. Does he(principal employer) fall under the category of EPF act 1952 u/s 2(f)?
2. Does he maintain PF A/c?.
My Boss need specific section or judgement
Guest
(Expert) 25 May 2011
No. Only for your own employees that include casual workers.
A K CHANDOK
(Expert) 26 May 2011
Dear Sir, The employees engaged through contractor will be counted for the purpose of of coverage under the Act. however ,if they are getting benefits through the code no. of contractor, the principal employer will have to ensure their compliance every month by the contractor.
With Regards,
CHANDOK AK
Ex- RPFC
09988021715
A K CHANDOK
(Expert) 26 May 2011
Dear Sir, The employees engaged through contractor will be counted for the purpose of of coverage under the Act. however ,if they are getting benefits through the code no. of contractor, the principal employer will have to ensure their compliance every month by the contractor.
With Regards,
CHANDOK AK
Ex- RPFC
09988021715
Adv. G. A. Gagdani
(Expert) 27 May 2011
well there are two judgements on the same "Epmloyee - persons employed by the contractor who do work for the factory owner are the employees of the factory owner
1) Husssainbhai Vs. Alth Factory, 1998 LLJ 397.
2) Cheif Conservator of Forests Vs. Jagannath, AIR 1996 SC 2898.
3) Ketul S. Shah Vs. Managing Director, Gujarat State Handicarfts Development Corporation, 1998 (3) GLR 2572 (Guj).
Regards
Adv. G. A. Gagdani
(Expert) 27 May 2011
also frther note as per provisions of Contract Labour (Regulation & Abolition) Central Rules 1971 and Gujarat Rules 1972
Principal Employer is responsible.
