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CS Professional · Labour Laws and Practice · Social Security Legislations

Ramesh, an employer who runs a factory in Pune, is a nominated member of a Social Security Organisation. He has defaulted in paying dues under the Code. A dispute arises whether he is disqualified. Who decides this question, and with what effect?

The appropriate Government decides, and its decision is final. An employer in an establishment who has defaulted in payment of dues under the Code is disqualified from membership, and Explanation 1 to Section 8(1) refers any question on this disqualification to the appropriate Government.

  1. AThe appropriate Government; its decision is finalCorrect
  2. BThe Central Board; its decision is subject to appeal to the Tribunal
  3. CThe Civil Court; its decision is final
  4. DThe Social Security Organisation itself by majority vote

Explanation

Section 8(1)(d) disqualifies an employer who has defaulted in payment of dues under the Code. Explanation 1 says any question on this goes to the appropriate Government, whose decision is final. The Board or a court is not given this role.

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