Director with Authority Over Daily Affairs Considered Employer Under EPF Act

Director with Authority Over Daily Affairs Considered Employer Under EPF Act

  • Case Name: Yash Pal Ashok Vs Regional Provident Fund Commissioner-1 And Ors.
  • Judge(s): Hon'ble Mr. Justice Chandra Dhari Singh
  • Advocate(s): Advocate Mr. Nikhil Patnaik

The Delhi High Court dismissed a petition challenging recovery proceedings initiated under the EPF Act against Yash Pal Ashok, former director and authorized signatory of M/s YPA Hospitality Pvt. Ltd.

The petitioner argued that he had resigned as director in 2011 and was not responsible for provident fund defaults from January 2012 to March 2016.

The Recovery Officer found evidence that the petitioner continued managing financial transactions, asserting control over the company despite his claimed resignation.

The Court upheld the Recovery Officer’s decision, ruling the proceedings were lawfully initiated due to the petitioner’s lack of evidence supporting his disassociation.

TaxGuru / 6 months ago

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