Is It Fair to Require Aadhar for PF and ESIC Benefits Despite Supreme Court Ruling?

yogesh shetgaonkar
I wanted to know whether the Aadhar card can be made compulsory to avail of ESIC and PF benefits. I ask this question as we have received a mail from the ESIC department to upload Aadhar card numbers for IPs within 30 days of the mailing date. Also, I have come to know that the PF department may also make the Aadhar number mandatory in KYC details. However, recently the Supreme Court has ordered that "No person should be denied any benefits for not having Aadhar Cards."

Kindly guide me about the above situation as many of our employees have not registered under the Aadhar scheme.
pon1965
Aadhar Card is Not Mandatory as per Supreme Court

The Aadhar card is not mandatory according to the Supreme Court.
saswatabanerjee
Aadhar Card Requirement for PF and ESIC

Aadhar is not compulsory. No one can defy the Supreme Court. You need to upload the Aadhar numbers of all those who have Aadhar. When the PF Department makes Aadhar compulsory, then you worry about it. At the moment, it's one of the KYC requirements.
vichare
Dear Seniors,

I just wanted to know, is Aadhaar Card compulsory for the PF Trust maintained by the company? My payroll person is unnecessarily harassing employees for the same, and he has convinced my management too. When I asked him to show me the written policy, he is telling me no one will give them the same, and they will face problems with PF officials blocking our company, etc.

Can you please advise?

Best Regards, Vaishali R Vichare
saswatabanerjee
With the advent of the Universal Code, the PF department wants to use the Aadhaar number as the tracking number so that it can easily move amounts from different accounts of the employee to consolidate and transition from one company to another. However, there is no rule saying it is compulsory. If you have it, you need to submit it. If you don't, then you are not debarred.

Your payroll department is misinformed or perhaps thinks it is very smart. Assuming you do not have an Aadhaar card, you have two options:

a. Get a copy of the Supreme Court order which says no one can make Aadhaar compulsory or deny any person a benefit or access to a place, scheme, subsidy, or incentive for not having an Aadhaar card.

b. Go over to the regional PF office and speak to the PRO (or the commissioner if possible), and they will give you the current status and the rules that apply.

Of course, you can always check the PF website and look at what rules apply and show it to your payroll department.

Soumitra Sengupta
I agree with Mr. Banerjee to a great extent. It really seems that the Company PF Staff is running short of information. However, some lacking information is to come to the fore before any comments can be made.

Exempted PF and Aadhaar Association

The first question is whether the Trust is an "Exempted PF" and if so, does their "Article of Association," which is approved by the Department, provide any clause on "Supplementing Individual PF Accounts" with respective "Aadhaar"? If that is so, the PF Staff is right in demanding documentation. However, in any case whatsoever, the AoA has to be amended in line with Supreme Court verdicts and subsequently submitted to the PF Department for "Re-approval."

Please check with your organization on the above lines and let us have information here that would further educate us.

Regards,
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