Can I Recover Employees' PF Contributions After a Company Oversight? Seeking Advice on a Scrutiny Case

Dear learned members,

I have a situation where my case is under scrutiny by the PF department. Unfortunately, my company, due to oversight, failed to deduct the employee's contribution to PF and also did not deposit our share of the contribution.

We are now prepared to deposit the entire outstanding amount. However, my query is whether I can recover only the employee's portion of the PF contribution, which was originally the responsibility of the employee to bear, considering that the employee will receive the benefits associated with their share.

Thank you.

The company will have to bear both the employee and employer shares of PF.

Nathrao sir, thank you for your quick response.

When I am depositing the PF in the employees' PF account, why can't I recover it?

If there is any particular case law or other backing to support your opinion, could you please provide the same.