(a) whether the Employers are continuing to write off arrear
payment of Provident Fund of employees in different organisations
in the name of `unrealisable`;
(b) if so, the number of cases of Provident Fund defaulters
pending in the country presently and the number of cases in which
prosecution has been carried out;
(c) whether there is any provision of special court to try
Provident Fund default cases; and
(d) if so, the details thereof?
MINISTER OF STATE FOR LABOUR AND EMPLOYMENT ( SHRI MUNI LALL )
(a) to (d): Arrears are not allowed to be written off by
classifying them as unrealisable.
As on 31.3.2001, 26,207 establishments have defaulted in
payment of dues. Further 74,838 prosecution cases under Section
14 of Employees Provident Funds & Miscellaneous Provisions Act,
1952 are pending before the courts and 7,723 complaints have been
lodged under Sections 406/409 of India Penal Code (IPC).
Necessary legal and penal action is taken against the
defaulters under the provisions of the Employees Provident Funds
& Miscellaneous Provisions Act, 1952.
There is no provision for constituting special courts to
try Provident Fund default cases. However, depending upon the
volume of work involved, in certain States, some courts are
specified for trying Provident Fund default cases, by the State
Governments concerned.