It is for the EPF authority to decide that whether the employee is entitled for pension and whether employer society is not covered under the EPF Act. - The Employees Provident Funds and Miscellaneous Provisions Act, 1952
The EPF Authority is having discretionary power to take decision with regard to entitlement of the employee for pension and if the authority comes to a conclusion that the employer-society is not governed by the Act, EPF Authority is at liberty to pass appropriate order. If amount deposited by employer with the EPF Authority for paying pension to the employee, is to be refunded by EPF Authority, it will attract interest @ 10% per annum.
-The Assistant Provident Fund Commissioner vs. Kishan Singh. 2019 LLR 1159 (M.P. H.C.)
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