With respect to new directions of the EPFO Circular dated 01.06.2021 for mandatory seeding UAN with Aadhar for generating monthly ECR

VERY IMPORTANT BREAKING NEWS
24.09.2021

Subject : With respect to new directions of the EPFO Circular dated 01.06.2021 for mandatory seeding UAN with Aadhar for generating monthly ECR

 

On 10.09.2021, I raised , and argued three issues for relief before the Hon’ble Delhi High Court :

1. Grace period of 5 days be given for remitting PF Contribution as per paragraph 38 of the Scheme,1952 for the Wage Month of May 2021 failing which 7Q (interst ) , damages ( 14-B ) and additional liability under Section 36(1)(va) and Section 2(24)(x) of IT Act,1961will be faced by the Employers because of “due-date” and further requested for extension up to 31.12.2021 for generating ECR with out seeding Aadhar or without verification of Aadhar .

2. Whether directions of the EPFO in compliance of Section 142 of the Social Security Code,2020 , is legal or not ?

3. Whether seeding with Aadhar is necessary in view of Justice Puttaswamy case ,(2019) 1 SCC 1 or not ? Or in view of the Section 142 of the Social Security Code , 2020 which has not been notified , and moreover , Rules , Schemes have not been framed so far.

Therefore , the Delhi High Court has granted interim relief as prayed by the Association of Industries and Institutions on 17.09.2021.Now, the Employer/ Establishment can generate ECR without seeding Aadhar with UAN upto 30.11.2021 .

This matter is listed on 10.11.2021 for further hearing , and assessment of the legality of the EPFO Circular dated 01.06.2021 in view of Section 142 of the SS Code, 2020