PF Applicability
Basab Sarker
(Querist) 24 February 2010
This query is : Resolved
Dear Professional colleagues
My client, a private limited company was an agency of a leading Pvt Sector Bank. The services offered to the Bank are recruiting & sending MRE's (Market Research Executives) to the Branches of the said Bank. The job of the MRE;s was basically in the nature in assiting the executives of the bank for opening various sort of banking accounts, like Savings Accounts, Current Accounts etc.
My client in fact was not having any control on these MRE's and attendance related formalities were taken care of by the Bank Branch personnel. No sort of attendance Register/ appointment letter are available, in fact not maintained
Depending upon the number of the accounts opened my client used to receive Commission from the said Bank. The MRE's also in turn were paid Commission by my client depending upon their performance.
While some of the MRE's lasted in the system for more than a year some stayed only for 5-6 days. Number of such MRE's varied in the system, in some months there were 15 MRE's and some months there were around 90 MRE;s
The payments were reflected in the books of account of my client under "Stipend & Incentives"
The PF Department wants to show these MRE's as regular employees and have filed a demand of Rs 41 Lakhs (3 years period) on my client.
In the meantime the client was duped by an Advocate who never bothered to prefer an appeal against the order u/s 7A of the EPF Act. Necessary period have elapsed a long ago. The client is now trying to file a writ petition before the Hon'ble Kolkata High Court.
The Financial condition of the client is very bad and he is further not in a position to appoint a very good lawyer.
Can any one please help me by way of providing some case judgements with the help of which the client might seek a relief from the Hon'ble Court.
Thank you
Raj Kumar Makkad
(Expert) 24 February 2010
File a petition before BIFR also declaring your client as a seek unit.
The your cleint should file a simple application with the registrar of High Court seeking Free legal aid through Legal Services Authority for filing the writ as mentioned by you. On being satisfied with the contents of the application, legal service authority shall not only provide your client free of cost advocate but all legal expenses shall also be borne by them.
In the light of given facts, I am also of the opinion that there is no other option but to file a writ in High Court to seek justice.
