1. I am Gopinath T. I received my PhD for my research related to Advanced Manufacturing Processes from Indian Institute of Engineering Science and Technology, Shibpur, on 13th July 2018. On 17th July 2018, I joined as a post-doctoral researcher in the Department of Mechanical Engineering, IIT Bombay, Powai. I completed my two year post-doctoral tenure with IIT Bombay on 16th July 2020. I joined as an Assistant Professor, Department of Mechanical Engineering, Cummins College of Engineering for Women (henceforth, Cummins Engineering College), Karve Nagar, Pune, on 15th February 2021.

2. On the date of joining (15th February 2021), I requested the accounts department for enrolling my name in the Employee’s Provident Fund (henceforth, EPF, in short, PF), the Social Security Scheme provided by Government of India. I told her, I was subscribing to PF while I was working in Hindustan Motors, Uttarpara, where I was an senior engineer from 29th August 2006 to 25th December 2009, and withdrew all the amount during the year 2010, so I was not subscribing to PF for more than 11 years due to my education (M.E., and Ph.D.) and Post-Doc experience, and I also don’t have any UAN of my past PF account.

3. To my astonishing, the staff (Ms. Sujata Kulkarni, name changed intentionally) who was managing my documents related to my salary, bank details, etc. said that I was not eligible to enroll in PF along with my present employer (the Cummins Engineering College) due to the following reasons:

1.      I am earning a salary (Basic Pay + DA) which is more than Rs. 15,000

2.      The college won’t process for any employee who wants to open a new PF account from the college side, if they are joining the job as a fresher.

3.      I was not part of PF in my earlier employment, so, I don’t have UAN, so I am not eligible right now even.

And she said that all the above reasons are as per EPF Act 1952 (henceforth, Act).

4. I accepted whatever she said was correct and in accordance with the act. Days went, on 1st of March 2021, my salary (for the month of February 2021) was credited. I checked my salary slip details line by line in both sections: Earning and Deductions! I came to know that there is no any deductions toward Provident Fund from my earnings.

5. I was not much interested to know why there is no deduction toward PF from my earnings, because, I thought Ms. Sujata Kulkarni might be correct with the rules book, as she is doing the job for years and years!

6. One day, while talking with my friend (Dr. Sarkkar, name changed intentionally) (received his PhD from IIT Guwahati) who joined as a teacher with a private engineering college in Bhubaneswar told me that from his salary his employer deduct towards Provident Fund!

6.1 I couldn’t digest the following, my friend Dr. Sarkkar (name changed intentionally) enrolled in PF when

1.      He earns a salary (Basic+DA) more than Rs. 15,000

2.      He was never employed earlier, and this job as a teacher in Bhubaneswar is his first job, so he never had an UAN earlier

3.      His engineering college in Bhubaneswar is allowing him to enroll in PF as a new account

6.2 But, in my case, Ms. Sujata Kulkarni, said I can’t enroll in PF as

1.      I am earning a salary (Basic Pay + DA) which is more than Rs. 15,000

2.      The Cummins College of Engineering won’t process for any employee who wants to open a new PF account from the college side, if they are joining the job as a fresher.

3.      I was not part of PF in my earlier employment, so, I don’t have UAN, so I am not eligible right now even.

6.3 I was not convinced how come in a country a teacher whose salary is more than Rs. 15,000 is eligible for PF in Bhubaneswar but a teacher whose salary is more than Rs. 15,000 is not eligible for PF in Pune? That was the day, I lost my sleep! Do you know why?

7. I started to take my baby steps to educate myself about Provident Fund and other related things.

8. I also learnt from the website of Employee’s Provident Fund Organisation, Ministry of Labour & Employment, Government of India, the fact of the Direct UAN Allotment by the Employees, so, I generated Universal Account Number (UAN): 101668370366 using my last salary slip (for the month of February 2021) as a proof of evidence that I am an employee of the Cummins Engineering College and by following the website below:

https://unifiedportal-mem.epfindia.gov.in/memberinterface/

 

9. If the above website can allow me to generate legally the UAN (with my salary slip showing that Basic Pay + DA is more than Rs. 15,000) by myself, then why Ms. Sujata Kulkarni was not allowing me to enroll in PF, this was my only striking question for which I was searching an answer!

10. On 16th March 2021, by 11:00 AM, I visited to the office of Ms. Sujata Kulkarni for enrolling in PF, unfortunately, she didn’t give any positive response about my enrolling in PF; but she was much interested to know how I can generate UAN by 16th March 2021, when I said I don’t have UAN while joining the job, I showed the exact website of EPFO where there is the provision of the link: Direct UAN Allotment by Employees, in the EPFO website ( https://unifiedportal-mem.epfindia.gov.in/memberinterface/ ). So, actually I went to her office only to educate her and her colleagues that any employee in India can open an UAN using necessary documents to support his/her employment with the organization.

11. I sent the following subsequent emails to Ms. Sujata Kulkarni  

A. On 16th March 2021,

https://drive.google.com/file/d/1rRqB9zpCLIVPFAYfLVWzrnhpiqMwgVPB/view?usp=sharing

B. On 17th March 2021,

https://drive.google.com/file/d/1D3d91vkXnp73oYaPBLoT9r_lD4w-O4Zb/view?usp=sharing

C. On 18th March 2021,

https://drive.google.com/file/d/1hut9XSLoL6rln0N6fV0zRivJpgiCCJ6N/view?usp=sharing

 

D. On 19th March 2021,

https://drive.google.com/file/d/1Aq5-XKW5Vzf7xE06-wwtZZxWc2pnGwE5/view?usp=sharing

12. Till 23rd March 2021, I didn’t receive any emails with respect to my emails in Sec. 11.A, Sec.11.B, Sec. 11.C, and Sec. 11.D.

13. On 23rd March 2021, I received two emails (group emails) from Ms. Sujata Kulkarni related to income tax deductions (cutting) from the salary

A. On 23rd March 2021, 10:37 AM

https://drive.google.com/file/d/137vIIPNc_FAYg7CrP-ar-fRRWZjghi62/view?usp=sharing

B. On 23rd March 2021, 05:11 PM

https://drive.google.com/file/d/1G8ZvbAZxgQkEHoMSzrektZhIb8kgo4jl/view?usp=sharing

So, this clearly showed me that Ms. Sujata Kulkarni clearly rejected my application for enrolment in Provident Fund, also she is not bothered to give me any reasons why it was rejected!

14. On 25th March 2021, by 02:56 PM, I sent an email to Dr. Madhuri Khambete, Principal, Cummins Engineering College for Women, Karve Nagar, Pune, for an appointment to meet and discuss about my PF enrolment on 26th March 2021 after 1:00 PM for minutes.

https://drive.google.com/file/d/1Xs0gcGXE1t2zs6XR48yJLuSeSUeJto7s/view?usp=sharing

Dr. Madhuri never replied to my email Dt. 25th March 2021 till 5th April 2021, 11:30 PM.

 

15. On 5th April 2021, by 11:30 PM, I sent another email to Dr. Madhuri Khambete, Principal, Cummins Engineering College for Women, Karve Nagar, Pune, with the email subject:

“Needed your kind clarification with respect to The Employees Provident Funds and

Miscellaneous Provisions Act, 1952!”

 

https://drive.google.com/file/d/17np-GLfKEz9AsQqFB4Bej3N3YXpP7jtd/view?usp=sharing

16. I wish to meet Dr. Madhuri Khambete regarding my PF enrolment and to discuss about EPF Act 1952, as she along with Dr. P.V.S. Shastry, Secretary, MKSSS, Karve Nagar, Pune, were the signatories of my offer letter (Ref. CCEW/504/2020-21, Dt. 5th Jan 2021):

https://drive.google.com/file/d/10vKsuYs95Xx0copsTGkzrLvZDWYbiP_U/view?usp=sharing

I also wish to get clarified with Clause 2 under the terms and conditions of the offer letter (Ref. CCEW/504/2020-21, Dt. 5th Jan 2021) which reads the following:

“…If you are not covered under rules of EPF Act by your previous employer, you shall be treated as exempted employees as per Section 2(f) of The Provident Fund Scheme 1952…”

And to show the proof that my friend Dr. Sardar was enrolled by his engineering college management joined as a teacher although this is his first ever employment and his salary (Basic+DA) is more than Rs. 15,000.

Dr. Madhuri never replied to my emails Dt. 25th March 2021 and 5th April 2021, till 7th April 2021, 09:30 AM.

 

17. On 7th April 2021, by 09:46 AM, I received an email from Dr. Madhuri Khambete, Principal, Cummins Engineering College for Women, stating the following:

“For your queries related to EPF, Please contact Mr. Girish Huddar, personnel officer, MKSSS. He would be available in his office after 15th April.”

The email is available here:

https://drive.google.com/file/d/1foqSa8AAjIL6JTZI_0bPK03r9xzJdDu3/view?usp=sharing

18. On 7th April 2021, by 10:34 AM, I sent an email to Dr. Madhuri requesting some of the brief details from the actual mail is given below:

“I need the email address and contact number (either landline or mobile) of Mr. Girish Huddar, Personnel Officer, MKSSS.”

“Is there anyone to answer my query related to EPF during the absence of Mr. Girish Huddar, Personnel Officer, MKSSS, before 15th April 2021?”

“I shall also request my advocate to be present at the venue for a talk and proper minutes of meeting and recording of his/her statements related to EPF queries raised by me!”

The email is available here:

https://drive.google.com/file/d/1yOuAct2lRvVyp5lI3umOZ4q6idlL73EY/view?usp=sharing

Dr. Madhuri never replied to my email Dt. 7th April 2021 till 18th April 2021, 11:32 PM.

So, Dr. Madhuri told me to contact Mr. Girish Huddar on 7th April 2021, but she was never interested to share the contact details of Girish Huddar so that I can meet him and make necessary minutes of meeting with respect to the discussion on my PF enrolment and about the Clause 2 in the terms and conditions of my offer letter (Ref. CCEW/504/2020-21, Dt. 5th Jan 2021)!

She (Dr. Madhuri) also never shared the contact details of other officer in lieu of Mr. Girish during the absence of Mr. Girish till 15th April 2021.

I found, although Dr. Madhuri being one of the signatories of my offer letter, she is very much reluctant to give any statements with respect to the Provident Fund, whether she is reluctant is mainly to avoid my enrolment or actually her knowledge with respect to the subject is Big Zero, which I really don’t know!

Then I thought, this is the time for me to escalate the issue to the next signatory of my offer letter, and he is Dr. P. V.S. Shastry, Secretary, MKSSS, Karve Nagar, Pune.

19. On 18th April 2021, by 11:33 PM, I sent an email to Dr. Madhuri and Dr. Shastry with the subject of my email: “My final humble request to clarify me about the Section 2(f) of the EPF Act 1952!”

Some of the brief details from the actual mail is given below:

“I need your kind clarification: Why am I being forcibly treated as an exempted employee by you both using the section 2(f) of the Provident Fund Scheme 1952?”

“I wish to record one more detail to you both:

There are many teachers, from our college, who are from SC, ST, and OBC categories. They are deprived from enrolling in EPF scheme, using the same clause Section 2(f) which you both have used against me, for many years! This is more than a criminal offence!

I kindly request you both to go through the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989.”

“I am sorry to say this, I am being an aggrieved person, I don't have any other options to your non-cooperation movement towards all my humble request for clarification, but to seek the Indian Judiciary either by

1. A Public Interest Litigation (PIL) through any of my family members or friends, as I am affected by your ill intentions and ethics

or

2. Writ Petition under Article 226 before High Court or under Article 32 before the Supreme Court of India by myself!”

The email is available here:

https://drive.google.com/file/d/1fDiKH8cXqBtNUIArhpLMPCzMPniAL_kI/view?usp=sharing

20. On 19th April 2021, by 03:20 PM, I received an email from Dr. Madhuri replying to my earlier email Dt. 18th April 2021, by 11:33 PM.

Some of the brief details from the actual mail is given below:

A. My candidature for PF enrolment is not fit as per the legal team of MKSSS

B. I am being considered by the management as excluded/exempted employee as per clause 2(f) of The Employee's Provident Fund Scheme 1952.

The email is available here:

https://drive.google.com/file/d/1LrPAjxYJ5CkzgiKMlq_6WYuiapJbr7Oi/view?usp=sharing

21. On 19th April 2021, by 05:07 PM, I replied to the Dr. Madhuri’s email Dt. 19th April 2021, 03:20 PM.

Some of the brief details from the actual mail is given below:

“There is no term such as "Excluded" in the offer letter signed by you and Shastry Sir, Secretary, MKSSS, you can please check the appointment letter (Ref. CCEW/504/2020-21, Dated: 5th Jan 2021). I think this is the false claim you are referring to.”

The email is available here:

https://drive.google.com/file/d/1JFGJw6VrEb3pYcbBHUkZRhG5lY0uVO6r/view?usp=sharing

21. On 20th April 2021, by 03:37 PM, I sent an email to Mr. Girish, Dr. Madhuri, and Dr. Shastry.

Some of the brief details from the actual mail is given below:

A. I showed a case verdict from Hon'ble Presiding Officer EPF Appellate Tribunal, New Delhi, Dated: 8th August 2013.

 

The above verdict clearly shows that the employees (considered, as excluded employees) whose salary was more than Rs. 6,500 per month were eligible for the E.P.F. contributions to the ceiling limit of Rs. 6,500 per month.

I showed three different instances:

1. A verdict from Hon'ble Presiding Officer EPF Appellate Tribunal, New Delhi, Dated: 8th August 2013

2. A verdict from Hon'be Supreme Court in the case of Union of India Vs. Dineshan K.K. (2008)

3. Hon'ble High Court Meghalaya in the case of Meghalaya College Teachers ... vs State Of Meghalaya & Ors. on 1 November, 2018.

We can understand every teacher is given same benefits what others are given, let it be EPF, Medical, and other benefits, as it will undermine the basic fact of "equal pay for equal work"

As a teacher, what other teacher is eligible, I am also eligible for the same! When I am equally qualified and giving equal service, I am entitled for equal pay, pension, and other benefits, otherwise it will go against the concept of Article 14 and 16 of the Constitution of India and Article 39(d) of the Directive Principles of State Policy.

Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. 'Equal pay for equal work for both men and women' means equal pay for equal work for everyone and as between the sexes.

So, it is firmly clear from my side with above references, I am all eligible for enrolling in EPF without any doubt; however, the college authorities deny my request for enrollment.”

The email is available here:

https://drive.google.com/file/d/1ztisWVUO-tR1AzGLrsJWTyOOV43oPrGB/view?usp=sharing

Dr. Madhuri, Dr. Shastry, and Mr. Girish never replied to my email 20th April 2021, by 03:37 PM

22. On 21st April 2021, by 11:14 AM, I sent an email to Dr. Madhuri, Dr. Shastry, and Mr. Girish.

Some of the brief details from the actual mail is given below:

Employees' Provident Fund (EPF) limit increased to Rs. 15,000 from Rs. 6,500 wef 01.09.2014 vide notification dated 22.08.2014.

So, it means before 01.09.2014 (1st September 2014), as per you, college (Cummins College of Engineering for Women, Karve Nagar, Pune) authorities, and also your legal team in MKSSS, no one is eligible for Provident Fund whose salary is above Rs. 6,500 per month. And if this is true, it should be equally applicable to every Indian living in this country, am I right?

Case #1: I received an offer letter from Tata Consultancy Services, after my interview with the Vice President of TCS, dated: 18.10.2005 (18th October 2005),

where my basic/base salary was Rs.11,200 as on 18.10.2005, and I was about to join TCS by August 2006; So, it is clear my base salary is quite more than the then EPF limit. But, I was considered legally by the TCS for Provident Fund. This country, called India, cannot have different rules of EPF for Cummins College and TCS.

The offer letter and the salary component is available in the below attachment:

Offer letter from TCS to Gopinath T:

https://drive.google.com/file/d/1Z1gYsOn2CkRa8SQbPjwGbyJuM7o-QQPm/view?usp=sharing

Annexure-1 of the offer letter from TCS to Gopinath T:

https://drive.google.com/file/d/1paPUkDCycGPzO61LTmf0333Vx_yW0agg/view?usp=sharing

Case #2: I received an offer letter from Hindustan Motors, after my final interview with the Executive Vice President of

Hindustan Motors, Uttarpara Plant, dated: 26.09.2006 (26th September 2006), where my basic/base salary was Rs. 6,500 as on 26.09.2006, and I joined the company and worked till 25th December 2009; So, it is clear my base salary is quite more than the then EPF limit. But, I was considered legally by the Hindustan Motors for Provident Fund. That detail is available in the offer letter signed by me and Mr. Indrish Chandra, CGM, Human Resources, Hindustan Motors.

Offer letter from Hindustan Motors to Gopinath T is available here:

https://drive.google.com/file/d/1ExncTIf7Bi37w4FYz3sF3yEFnnMsyGY-/view?usp=sharing

When I received the job offer from TCS, that was my first job offer, if I had joined TCS, TCS would have been my first ever employer of my life!

When I received the job offer from Hindustan Motors, that was my second job offer, I joined Hindustan Motors (HM); so, HM was my first ever employer of my life!

Both TCS and HM considered me to enroll in PF. They (both TCS and HM) didn't make any blunt statements or opinions like the one made by the Principal and Secretary in Clause 2 of my offer letter, to challenge my enrollment in the Provident Fund.

Case #3: My sister, Mrs. Pavethra Rani, after her graduation in mechanical engineering, she joined Valeo India in Chennai as a Computational Fluid Dynamic Engineer. Her date of joining in the service was 31st July 2015. This was her first job. So, she was never and ever covered under EPF Act by any previous employer(s).

Her basic salary was Rs. 15,680 (as on June 2017 monthly salary statement) which is more than the ceiling limit of Rs. 15,000; however, she enrolled in Provident Fund.

Pay slip for the month of June 2017 of Mrs. Pavethra Rani T., sister of Gopinath T. is available here:

https://drive.google.com/file/d/1E4IljaUjyXS8G5tV5SUZ5ZMe-1pFC7zX/view?usp=sharing

I also believe the education and experience of what

1. Vice President of TCS,

2. Executive Vice President of HM

3. CGM, Human Resources, HM

3. HR, Valeo India.

are not so less than as compared to the following:

1. Dr. Madhuri Khambete, The Principal, Cummins College of Engineering for Women, Karve Nagar, Pune

2. Dr. P.V.S. Shastry, The Secretary, MKSSS, Karve Nagar, Pune

3. Mr. Girish Huddar, Personnel Officer, MKSSS, Karve Nagar, Pune.

to understand what the Provident Fund is all about considering the Act under Government of India to give a mention in their offer letter.

So, considering all the above facts, I am equally eligible to enroll in PF.

The email is available here:

https://drive.google.com/file/d/1oHEdDJ43IEH6bg83OIFcn3CmIe6UEIyA/view?usp=sharing

Dr. Madhuri, Dr. Shastry, and Mr. Girish never replied to my email 21st April 2021, by 11:14 AM.

22. On 22nd April 2021, by 05:09 AM, I sent an email to Dr. Madhuri, Dr. Shastry, and Mr. Girish.

Some of the brief details from the actual mail is given below:

“I am eagerly awaiting your kind reply with respect to my trailing mails Dt. 21st April 2021 (11:14 AM) and 20th April 2021 (3:37 PM)!

Please give me your kind opinions before 1 PM with respect to my right of enrolling in Provident Fund (PF), I kept all the necessary documents which encourage (legally) for my enrolment against your idea and conception to avoid enrolling my name in PF!”

The email is available here:

https://drive.google.com/file/d/1c3dLJAD87HRRV0-zE5V_vrJGM6yIxQSc/view?usp=sharing

Dr. Madhuri, Dr. Shastry, and Mr. Girish never replied to my email Dt. 22nd April 2021, by 05:09 AM.

23. On 23rd April 2021, by 08:38 PM, I sent an email to Dr. Madhuri, Dr. Shastry, and Mr. Girish.

Some of the brief details from the actual mail is given below:

“Don't unnecessarily waste my time for even my basic rights! The offer letter signed by both The Principal and The Secretary has completely misguided not only me, many people in this college with respect to Provident Fund!

I kindly request you all (Dr. Madhuri Khambete, Dr. PVS Shastry, and Mr. Girish Huddar) to record your opinions about my rejection to enroll in Provident Fund before 11 AM (Indian Standard Time) on 26th April 2021. Else, I need to escalate the problem to the following officials, as I can't wait indefinitely due to your ill intentions:

1. Hon'ble Chief Minister, Maharashtra, India

2. Hon'ble Chief Minister, Tamil Nadu, India

3. Shri. Uday Samant, Hon'ble Minister, Higher & Technical Education, Govt. of Maharashtra, India

4. Shri. Prajakt Tanpure, Hon'ble Minister of State, Higher & Technical Education, Govt. of Maharashtra, India

5. Shri. O.P. Gupta, Principal Secretary, Higher & Technical Education, Govt. of Maharashtra, India

6. Shri. K.P. Anbalagan, Hon'ble Minister for Higher Education Department, Govt. of Tamil Nadu, India

7. Shri. Sanjay Pandey, Director General of Police, Govt. of Maharashtra

8. Shri. J.K. Tripathy, Director General of Police, Govt. of Tamil Nadu

9. Prof. (Dr.) Nitin R. Karmalkar, Vice-Chancellor, Savitribhai Phule Pune University, Maharashtra

The email is available here:

https://drive.google.com/file/d/1wF_EwNT2LnuKkL7BP5ZeYu07ytAQ_FvP/view?usp=sharing

Dr. Madhuri, Dr. Shastry, and Mr. Girish never replied to my email Dt. 23rd April 2021, by 08:38 PM, till date 29th April 2021.

24. On 26th April 2021, by 12:46 PM, I received an invitation for Google Meet from Mr. Girish stating that Dr. Madhuri and Dr. Shastry want to discuss with me regarding my PF enrolment from 1:15 PM to 2:15 PM.

The email is available here:

https://drive.google.com/file/d/1JSjC1CJcQrdhpQ0DnTsn4eRZOXdK4KfZ/view?usp=sharing

25. On 26th April 2021, by 12:50 PM, I received a mobile call from Mr. Girish asking me to join the Meet right at the moment, I scolded him stating that try to stick on to the original schedule of the meet from 1:15 PM to 2:15 PM as per the Google Meet invitation sent by 26th April 2021, 12:46 PM.

The email is available here:

https://drive.google.com/file/d/1QUXBIdbHffMVUsJw8N4EWmSGhBTYhHrO/view?usp=sharing

26. On 26th April 2021, by 12:56 PM, I received a re-invitation with change details of the timing from 1:00 PM to 1:30 PM along with additional participants: both are advocates (came to know after joining the meet) whose participation was never revealed to me before joining the meet by Mr. Girish or Dr. Madhuri or Dr. Shastry.

The email is available here (see the trailing email):

https://drive.google.com/file/d/1WHAfeNudsiQkfUd5AQUNwc6BQ2Shu9Sj/view?usp=sharing

27. On 27th April 2021, by 06:31 AM, I sent an email to Dr. Madhuri and Dr. Shastry, and two advocates, also to Mr. Girish.

“I requested him not to conduct any meeting with me without informing me about their participation beforehand, and doing unnecessary changes! And I requested him to read the books on how to conduct a fair meeting.

 

I also requested him to share with me the Google Meet recording in which I was the participant”

The email is available here (see the trailing email):

https://drive.google.com/file/d/1WHAfeNudsiQkfUd5AQUNwc6BQ2Shu9Sj/view?usp=sharing

28. On 27th April 2021, by 06:17 PM, I received an email from Mr. Girish.

Some of the brief details from the actual mail is given below:

“As far as sharing of Gmeet recording is concerned, it is Samstha’s prerogative whether it should be shared or not. You cannot force us for the same.”

The email is available here:

https://drive.google.com/file/d/1deQF_0omxwncoa-cJ_XJfHtH0v2NaEzF/view?usp=sharing

29. Many teachers who joined the teaching professions are not getting their Provident Fund due to the ill intentions of the management running the college(s) so as to just save the employer's part of contribution being credited into the employee's PF account!

30.Most of the HR Managers of the private engineering/science colleges want to show their faithfulness to the management by not allowing the teachers to enroll in the PF which is the worst offence towards Indian education!

31. If a teacher revolt against the management for the need of PF enrollment, mostly he or she would be sacked by the employer by using some clauses which are so handy for them to use.

32. If a teacher working in IIT or NIT is eligible for Provident Fund or NPS contribution where both employer and employee contributes to the equal amount (12% of the Basic+DA+Grade Pay) then a teacher working in any private engineering college in India should get the same benefits!

33. I kindly request everyone to make your valuable time to spread this message, else Indian education system would be killed using slow poison like bad management people in private engineering/science colleges!