IBM INDIA PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition is filed seeking for the following reliefs:

(2.) The facts leading to the present petition are that the respondent No.3 (herein after referred to as 'workman') was employed with the petitioner - Company and his services were terminated pursuant to the termination order dtd. 5/11/2001. Being aggrieved, the workman filed a petition under Sec. 10(4- A) of the Industrial Disputes Act , 1947 (for short ' I.D. Act ') before the Labour Court, Bengaluru. The petitioner entered appearance in the said proceedings and contested the same. The Labour Court by its award dtd. 17/12/2012, directed the petitioner to reinstate the workman into service with backwages, continuity of service and consequential benefits. The said award of the Labour Court was challenged by the petitioner before this Court in W.P.No.10715/2013. This Court, vide interim order dtd. 4/3/2013, stayed the award of the Labour Court, subject to payment of wages under Sec. 17-B of the I.D. Act. In compliance of the said order dtd. 4/3/2013, the amount equivalent to the last drawn salary of the workman was paid by the petitioner from February, 2013.

(3.) The workman filed a complaint dtd. 2/9/2013, to the second respondent - Regional Provident Fund Commissioner, K.R. Puram, Bengaluru, alleging that no Provident Found (for short 'PF') contribution was being deducted from the amount paid by the petitioner. Pursuant to the said complaint, the second respondent issued notice to the petitioner, in response to which, the petitioner filed a detailed reply. Thereafter, upon being notified, enquiry was conducted under paragraph 26-B of the Employees Provident Funds Scheme, 1952 (for short 'EPF Scheme') by the second respondent and written submissions were also submitted. The second respondent vide order dtd. 15/7/2014, held that the petitioner is liable to pay the PF contribution. Being aggrieved, the present writ petition is filed.