Single judge of Chhattisgarh High Court disposed of a writ petition challenging an EPFO advisory and 8.33% contribution levy. The court directed petitioners to submit fresh claims to EPFO per the 29-12-2022 circular and assigned a timeline for decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 670 of 2018
---- Petitioners
Versus
---- Respondent
Shri Rohit Sharma, Adv. for petitioners. Shri Tushar Dhar Diwan, Standing counsel for Union of India. Shri Sunil Pillai and Shri Anil S. Pandey, Adv. for respondents No. 2 & 3/EPFO.
Shri B.P. Gupta, Adv. for respondent NO. 4/FCI.
Hon'ble Shri Justice N.K. Chandravanshi
Order On Board
19-6-2023.
I. To direct respondent No. 2/The Regional (PF) Commissioner, Employee Provident Fund Organization (in brief, ‘EPFO’) to quash the advisory dated 31-5-2017 which has discriminated the retirees between exempted and non exempted trust.
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II. To direct the respondent authorities to issue instructions to the respective authorities of the Food Corporation of India for collecting the left over amount to 8.33% as per laid down provision at par with non exempted establishment and deposit the same to EPFO under the joint signature of employers and employees.
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earliest. He also submits that the EPFO had issued the circular dated 29-12-2022 for implementation of order of the Hon’ble Supreme Court within the aforesaid period. The time for submission of option/claim was extended by EPFO and lastly such extended date for submission of option/claim is 26-6-2023.
Sd/(N.K. Chandravanshi) Judge
Pathak/-
3 issues framed by the court
Whether the petitioners seeking review of the advisory dated 31-5-2017 and 8.33% contribution issue should dispose the writ petition themselves or direct them to submit fresh claims to EPFO reflecting
Whether the EPFO directives issued on 29-12-2022 regarding the implementation of the Supreme Court judgment in SLP No. 8658-8659 of 2019 require petitioners to file additional fresh claims for redress
Whether the High Court should dispose of the writ petition by granting immediate relief or remand the matter to the EPFO for decision in accordance with the extended timeline set by the Supreme Court.
Colour shows how this judgement treated each authority
Employees Provident Fund Organization & Anr. Versus Sunil Kumar B. & Ors.Referred¶27
Special Leave Petition No. 8658-8659 of 2019 (Employees Provident Fund Organization & Anr. Versus Sunil Kumar B. & Ors.)
WPS No. 697 of 2023Referred¶27
WPS No. 697/2023
2 provisions across 2 enactments
Shyam Lal Bhargav and Others
Govt. Of India Ministry Of Labor And Employment
The Regional (Pf) Commissioner Employee Provident. Fund Organization
The Regional Provident Fund Commissioner (Eps) Pension Cell
Food Corporation Of India
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
