Hon’ble 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 Employee’s Provident Fund Scheme 1952 only when the directions have been issued by the Central Government under para 78(1) of The Employee’s Provident Fund Scheme 1952. Since there was no directions issued by the Central Government under para 78(1) of The Employee’s Provident Fund Scheme 1952 thus no order by invoking the power para 78(3) of The Employee’s 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 Hon’ble High Court Order and order issued by CPFC is attached herewith for ready reference
HC Kerala order on prosecution_20180924131453
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