(a) whether Provident Fund (PF) dues of workers of closed tea gardens in various parts
of the country including West Bengal have not been paid;
(b) if so, the details thereof and the reasons therefor;
(c) the quantum of PF dues of workers of such closed tea gardens at present;
(d) the action taken by the Government against the defaulting companies; and
(e) the steps taken by the Government to protect the interest of such workers in the country?
MINISTER OF STATE FOR LABOUR AND EMPLOYMENT (SHRI KODIKUNNIL SURESH)
(a) to (e): A statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO PART (a) TO (e) OF LOK SABHA STARRED QUESTION NO.145 TO BE
ANSWERED ON 16.12.2013 BY SHRI SOMEN MITRA REGARDING PF DUES TO WORKERS.
(a) to (d): A statement showing details of closed tea gardens in India, including West Bengal,
where Provident Fund (PF) dues have not been paid, period of default, quantum of outstanding
amount as on date and action taken against these companies is annexed. The default in Tea
Gardens covered under the Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 is
normally due to non-deposit of contribution in respect of their employees.
(e): The compliance by defaulting companies is monitored constantly. Whenever a default is
noticed, action under Section 7A of the Employees’ Provident Fund & Miscellaneous Provisions
(EPF & MP) Act, 1952 is initiated for quantification of dues. Once the dues are quantified,
action under Section 8B to 8G of the Act is taken for recovery of the outstanding dues from
the defaulting companies. In cases of employees’ share having been deducted but not deposited,
FIR with Police Authorities under Section 406/409 of IPC are also lodged against the defaulters.
Prosecution under Section 14 of the EPF & MP Act, 1952 against the defaulting establishments and
the employers are also launched for non-deposit of dues and non-submission of statutory returns.
Action can also be taken for attaching properties, attaching their bank accounts and even arrest
of defaulters. In case the company goes into liquidation, claims are filed before official
Liquidator to recover the outstanding amount.