Page 113 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes 6.6 Determination and Recovery of Money due to Employer

Following aspects explain the determination and recovery of money due to employer:

6.6.1 Determination of Money due to Employer

The Central Provident Fund Commissioner, any Additional Central Provident Fund
Commissioner, any Deputy Provident Fund Commissioner, any Regional Provident Fund
Commissioner or any Assistant Provident Fund Commissioner may, by order,

(a) in a case where a dispute arises regarding the applicability of this Act to an establishment,
decide such dispute; and
(b) determine the amount due from any employer under any provision of this Act, the Scheme
or the Pension Scheme or the Insurance Scheme, as the case may be,
and for any of the aforesaid purposes may conduct such inquiry as he may deem necessary.

The officer conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry
have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908),
for trying a suit in respect of the following matters, namely:-
(a) enforcing the attendance of any person or examining him on oath:
(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavit;
(d) issuing commissions for the examination of witnesses,

and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections
193 and 228, and for the purpose of section 196 of the Indian Penal Code 45 of 1960.
No order shall be made under sub-section (1), unless the employer concerned is given a reasonable
opportunity of representing his case – Where the employer, employee or any other person
required to attend the inquiry under sub-section (1) fails to attend such inquiry without assigning
any valid reason or fails to produce any document or to file any report or return when called
upon to do so, the officer conducting the inquiry may decide the applicability of the Act or
determine the amount due from any employer, as the case may be, on the basis of the evidence
adduced during such inquiry and other documents available on record.
Where an order under sub-section (1) is passed against an employer ex-parte, he may, within
three months from the date of communication of such order, apply to the officer for setting aside
such order and if he satisfies the officer that the show cause notice was not duly served or that he
was prevented by any sufficient cause from appearing when the inquiry was held, the officer
shall make an order setting aside his earlier order and shall appoint a date for proceeding with
the inquiry:
Provided that no such order shall be set aside merely on the ground that there has been an
irregularity in the service of the show cause notice if the officer is satisfied that the employer had
notice of the date of hearing and had sufficient time to appear before the officer.

108 LOVELY PROFESSIONAL UNIVERSITY