By | S K Gupta, Advocate, Supreme Court, www.makeinindialawfirm.com
Please find attached the recent Madras High Court judgement for your reference. A summary of the most important features of the case are mentioned below:
BrakesIndia Ltd (Brakes Division), Sholinghur-631 102, Rep. By Its Vice-President (Pers. & HRD)Vs Employees’ Provident Fund Organisation, Vellore Rep. By Its Regional Provident Funds Organization.
1. EPF Authority is not entitled to recover either PF contribution or damages from the Principal Employer in respect of employees engaged through Contractors who are registered With The PF Department, Having Independent Code Number.
2.Contractors registered with the PF Department, having Independent Code Number, are to be treated as Independent Employer.
3.However, the liability of unregistered contractors, in the case of Payment Of EPF Contributions or damages, in case of default on his part, would fall on the Principal Employer, if not paid by the Unregistered Contractor,In View Of Clause 30 Of The EPF Scheme, 1952.