The fund’s administrator said it notified the director of the company and all parties concerned regarding the outstanding contributions.
Despite letters being sent, the employer had not paid the outstanding contributions.
The fund also said the employer had signed an acknowledgment of debt with its attorneys but had since defaulted. The matter was referred back to the attorneys to enforce legal action against the employer.
“Though the employer was granted an opportunity to respond to the complaint, no response was received.”
Lukhaimane said on the evidence submitted, the employer owed the provident fund contributions and was in contravention of section 13A of the act and rule 8 of the fund.
“It is not enough for the fund to just say that it sent non-compliance letters to the employer. The fund has a duty to take further steps, which include notifying the employees of the employer regarding the non-compliance and taking legal action against the employer,” she said.
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