Dear Experts
Please provide expert opinion on the below matter:-
1. We have contractors those have there separate EPF & ESIC code Nos, with the wage bill we are paying them Employer contribution of EPF & ESIC. Our query is that can we pay the EPF & ESIC Contribution directly through there (Contractors) EPF & ESI portal and debit it from there bills?
2. Does principal employer is liable for delay or default compliance of contractors having there independent code Nos.?
Refer: Pradeep kumar V/s Presiding officer P&H High court, Group 4 securities & Anr V/s EPFO appelate tribunal 2012 Delhi
HC , Bakers India Ltd V/s EPFo 2015 MAd High Court, Calcutta Const Company 2015 P&H Court, Enfield India V/s EPFO Mad High COurt 2003
HP SIngh
5th October 2019 From India, New Delhi
When a contractor has got an independent code number, his or her liabilities get increased vis-à-vis the employees. On allotment of code number, the Provident Fund Authorities recognize the contractor as ‘establishment’ since it has complied with all the prescribed conditions. A principal employer cannot be held responsible for the omissions and commissions of the contractor’s employees. The Scheme of the Contract Labour (Regulation & Abolition) Act stipulates that the principal employer will not be supervising the workers of the contractor otherwise the contract labour system will be rendered as sham, ruse and camouflage as held in in Steel Authority of India Ltd. vs National Union Water Front Workers, 2001 LLR 961 (SC).
5th October 2019 From India, Madras
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