Calcutta High Court in Dilip Kumar Choudhury vs. The Regional Provident Fund Commissioner, Durgapur, WPA 27817 of 2023, held that once a provident fund trust is dissolved and the corpus is transferred to the fund constituted under the Employees’ Provident Fund Scheme, 1952 (“EPF Scheme“), the employee cannot claim a separate share from the Reserve & Surplus of the fund after receiving their full dues. In this case, employees and other ex-employees of a company with a private provident fund trust, after obtaining exemption under Section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, claimed a share from the reserve and surplus after the exemption was cancelled in 2011. The court ruled that all funds were transferred to the fund constituted under the EPF Scheme, which is regulated by the Regional Provident Fund Commissioner. Since the employees did not raise any claim at that time but did so only in 2023 after their retirement, no further dues were payable.
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