Employee's Providents Fund Organisation [EPFO] — non payment of employers pf contribution (cpf) by icai.

Address:

The Institute of Chartered Accountants of India, ICAI Bhawan, Indraprastha Marg,New Delhi 110002, New Delhi, Delhi, 110002

Dear Sir,

I regretfully bring it to your kind notice that ICAI PF trust, as per their own admission by latest trailing mail, is neither following the EPF and MP Act, 1952 nor their own Contributory Provident Fund(CPF) rules.
In reference to the above subject, with reference to the recent trailing mail appended herein below for ready reference from Accounts dept. of ICAI, I would like to submit the present status and bring it to your kind notice for action as follows (Based on inputs given in trailing mail and earlier mails in this regard itself):
1. ICAI appointment letter clause 2 clearly stipulates that I was eligible for the benefit of Contributory provident fund (CPF), copy whereof is attached for ready reference.
2. ICAI is not following The EPF & MP Act, 1952 because they have been granted exemption from act provided they must satisfy two conditions.
3. The second condition as per ICAI PF Trust is ICAI should provide for its employees the benefit of a Contributory Provident Fund (CPF) under its own PF trust.
4. It is clearly stipulated and admitted in mail that ICAI meets both the conditions and accordingly has provided benefits of a contributory provident fund (CPF) to its employees.
5.In compliance to above conditions ICAI accounts dept. correctly deducted from my salary, my contribution towards CPF every month, for all 33 months during my services in ICAI.
6.ICAI has already released my contribution towards CPF with interest of Rs.4, 72, 463 on 19/05/2014.
7.ICAI has not released their part of equal contribution towards CPF amounting to Rs.4, 72, 463 despite lot of follow up since long time on flimsy grounds though they claims to meet both the conditions.
8.The basic condition and premise of any CPF is equal contribution by both employee and employer every month regularly.
9.Where & how is the compliance of second condition of CPF without making payment of ICAI contribution towards CPF to an employee
10.Article 14 of the constitution guarantees that all people shall be equally protected by the laws of the country.There should be no discrimination between one person and another. I had served ICAI for 33 months as a regular employee on the roll of ICAI. ICAI can not discriminate among its employees accordingly.
11.In order to comply the law of the land, ICAI PF trust can very well amend the arbitrary and unjustified rules from retrospective effect as promised by then secretary as well as then Central Council Member & PF Trustee CA. Sanjay agarwalji also.
It is important to mention that then ICAI Secretary Mr.V.Sagar has informed me by mail on 21st November, 2018 that ICAI PF trust is revising its Trust deed and have planned to hold meeting of Trustees post 10th December to seek its approval for Payment of Employers PF Contribution (CPF) by ICAI.
In the light of above, I request you to look into my genuine long pending case, probe/act upon it, and advise the Accounts dept. of ICAI to release my legitimate dues of ICAI contribution of CPF with interest at the earliest please.
Looking forward for an immediate positive action at your end, Sir.
With warm personal regards.

CA.Mahesh Kumar Sharda
Ex.Additional Secretary (Accounts),
(Employees code:0885)
Bangalore 560043
[protected]
Copy to:President/Vice President/CCMs/ICAI PF Trustees:With the request to probe into this long pending genuine case and set right the things in compliance of the ICAI own CPF rules, Law of the land and Constitution of India.
Shri Sunil Barthwal, Central PF Commissioner, EPFO Head Office, New Delhi:For kind information and necessary action please.
Shri Injeti Srinivas, Secretary, Ministry of Corporate Affairs, New Delhi:For kind information and necessary action please.

On Friday, 15 February, 2019, 6:09:05 pm IST, Accounts Deptt.-HO - Sector 62, NOIDA wrote:

Dear Sir

This is with respect to the letter No. 1/1/2019/P1 dated 05.02.2019 from - GOI, Ministry of Corporate Affairs, New Delhi to Secretary ICAI.

With respect to the grievance raised, it is submitted that the clarification was sought from the Consultant who informed that any amendment to the rules of the ICAI PF Trust will have effect from the date of its approval from the concerned Authorities and no amendment can be made from retrospective date. i.e. Amendments proposed in the modified vetted rules of ICAI PF Trust rules will be prospective in nature.

The extract of Rule 7 of existing ICAI PF Trust Rules is reproduced below :

“The employer’s contribution shall not be made till a Member has been confirmed as an employee of the Institute but on such confirmation the Employer’s contribution shall be made in one lump sum from the date of his appointment.”

As you were not confirmed at the time of resignation, in accordance to the prevalent rules only employee P F share was released to you in May 2014.

regards,

CA. Sudeep Shrivastava

Joint Secretary (AccountS)

The ICAI, ICAI Bhawan,

A-29, Sector 62, NOIDA.