Analysis Of Criteria For The Clubbing Of Establishments Under The Employee Provident Fund And Miscellaneous Provisions Act, 1952

Jeevan T George, School of Law, CHRIST (Deemed to be University), Hosur Road, Bangalore, Karnataka

ABSTRACT

This qualitative and doctrinal research paper thoroughly investigates the criteria influencing the clubbing of establishments under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. By adopting a qualitative approach, this study extensively examines court rulings and judicial precedents to uncover the multifaceted factors shaping the application of the EPF Act. The focus lies in comprehending the legal criteria governing establishment clubbing and emphasising their critical role in guiding determinations made by the Employees' Provident Fund Organization (EPFO). The research highlights the complex and nuanced nature of these criteria, advocating for a well-balanced approach by the EPFO. It underlines the necessity for a comprehensive understanding of various factors to ensure fairness and contextual justice for different establishments, moving beyond a simplistic numerical count-based approach. The study argues for a case-specific and comprehensive evaluation to guarantee the Act's effectiveness in safeguarding employees' financial rights. Its objectives encompass a detailed analysis of judicial decisions to unravel the legal criteria governing establishment clubbing under the EPF Act, evaluating the significance and interpretation of these determinants, and shedding light on the diverse nature of these criteria. Additionally, the research seeks to illustrate the context-specific application of these criteria and their role in promoting fairness and contextual justice for establishments covered under the EPF Act. Ultimately, the paper emphasises the importance of a well-rounded and nuanced approach, advocating for equitable decisions and effective application of the EPF Act across various establishments, beyond a rigid numerical assessment.

Keywords: Clubbing of Establishments, Section 2A, EPF & MP Act 1952, Criteria for clubbing of establishments