Employer complying EPF under the Central Act cannot be compelled to contribute under the State Act also: J&K High Court

Jammu and Kashmir High Court in M/s Delton Infra Pvt. Ltd. vs. State of J&K and another [OWP No. 112/2015 (O&M)] held that if the employer is contributing towards employees provident fund (EPF) contribution under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 then the regulatory authority cannot compel the employer to contribute EPF under the J&K Employees Provident Funds (And Miscellaneous Provisions) Act, 1961. Additionally, the Court reiterated the settled principle that the amount due from any employer can be determined only after conducting an enquiry into the matter and while conducting the enquiry, employer must be afforded reasonable opportunity for representing his case.

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