Hi,
The Employer has to face legal proceedings for non remittance of both PF contributions
The following actions will be taken by EPFO against the defaulting establishments to protect the interest of workers covered under the Employees’ Provident Funds & Miscellaneous Provisions (EPF&MP) Act, 1952 :
(i) Action under section 7A of EPF & MP Act, 1952 against the defaulting establishments for assessment of dues.
(ii) Action under Section 14B of the Act for levying of damages for belated deposit of dues.
(iii) Action under Section 7Q of the Act for levy of interest for belated remittances.
(iv) Recovery actions as provided under Section 8B to 8G of the Act.
(v) Action under section 14 of the Act for filing prosecution against the defaulters before the competent court of law.
(vi) Action under section 406/409 of Indian Penal Code (IPC) against the employer for non-payment of employees’ share of contribution deducted from the wages/salary of the employees but not deposited in the Fund.