HC relief to JP Morgan in EPFO complaint

Company refused to share employees’ Aadhaar, bank details

Published - September 22, 2019 04:56 am IST - Mumbai

The Bombay High Court recently granted ad interim relief from prosecution to JP Morgan Services India Private Limited for not sharing the Aadhaar and bank details of their employees with the Employees’ Provident Fund Organisation (EPFO).

The company had moved a Division Bench of Justices Ranjit More and N.M. Jamadar, seeking to quash a criminal complaint filed against it by the EPFO with the Esplanade metropolitan magistrate for failing to furnish the details.

‘Avoid prosecution’

Senior counsel Amit Desai, appearing for JP Morgan, told the court that providing such details was in contravention of Articles 14 (Equality before law) and 21 (Right to Life) of the Constitution. He produced a letter sent by the Association of Corporate Counsel (Legal) to all regional provident fund commissioners regarding the Supreme Court judgement on Aadhaar, which said, “It is advised to avoid any coercive action by way of prosecution till further orders.”

Mr. Desai told the court that despite the letter, subsequent prosecutions were initiated against the company for not submitting the Aadhaar and bank details of its employees. He said employees had refused to supply the documents based on the apex court’s ruling.

The EPFO, however, contended that supplying Aadhaar and bank details of the employees was mandatory and part of the online process.

The court granted ad interim relief by staying the proceedings initiated by the magistrate till the matter is heard and disposed of. The Bench directed the EPFO to file an affidavit and posted the matter to be heard on October 14.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.