Full Judgment Text
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PETITIONER:
M/S. LONGIA BIRI COMPANYTHROUGH MD. ZIRAZUDDIN
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT02/11/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCALE (6)432
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
This appeal by special leave arises from the order
dated November 1, 1989 of the Division Bench of the Patna
High Court in C.W.J.C. No.1904 of 1989, dismissing the writ
petition of the appellant. Learned counsel for the appellant
contended that the appellant had not been given any
opportunity before computing the liability of provident fund
and the damages under the Provident Fund Miscellaneous
Provisions Act, 1952. On a representation made by the
appellant the Regional Provident Fund Commissioner, Bihar,
at Patna in his letter dated 21st September, 1993 stated
thus:
"Please refer to your representation
dated 27.8.93 on the subject cited
above.
The point raised by you in the aforesaid
petition is required to be examined in
detail vis-a-vis statutory provisions,
Pending decision in the matter, you are
hereby communicated the decision the
extent that the payment of employees
share of P.F. contribution is waived for
the period 6/77 to 9/85 in accordance
with the existing directions. It is,
however, made clear that as regards
other points, the petition will remain
as before."
In view of the waiver of the payment of the liability
of the employee’s share of the provident fund contribution
for the period commencing from June 1977 to September 1985,
the appellant is relieved of the liability to deposit the
said amount. The amount due on that account was not
indicated in the letter. Therefore, the Regional Provident
Fund Commissioner is directed to indicate by separate letter
as to what was the amount due and payable by the appellant
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for the said period towards the payment of the employee’s
share of the provident fund. After deduction of the said
amount, the appellant shall provisionally pay a further sum
of Rs.10 lakhs in addition to the sum of Rs.8 Lakhs which
had already been paid. This Court on May 3, 1993 passed the
following order in similar matters :
"The SLPs are dismissed. It is open for
the petitioner to collect the names of
the Bidi Workers who work for them
through their contractors and furnish
the names of all the workers to the
Provident Fund Commissioner. The
Provident Fund Commissioner thereafter
will verify these names and calculate
the liability of the petitioner on the
basis of such verification. If any
excess amount is found due from the
petitioner, the Provident Fund
Commissioner will recover such amount
from the petitioner, on the other hand,
if any amount is found due to the
petitioner, the Provident Fund
Commissioner will refund the same. The
petitioner to furnish names of the
workers, as above within six months from
today."
In this view of the matter, the case is remanded to the
Regional Provident Fund Commissioner to follow the above
directions and compute the liability of the appellant
afresh. In case the liability falls short of the amount
already deposited then the appellant shall pay the shortfall
within a period to be specified by the Provident Fund
Commissioner. In case it is found to be in excess, the
Regional Provident Fund Commissioner would refund the
amount.
The appeal is disposed of accordingly. No costs.