BBMP POWRAKARMIKAR SANGHA Vs. BRUHAT BENGALURU MAHANAGARA PALIKE

JUDGEMENT

(1.) W.P. No.4449/2018 is preferred by the establishment assailing the Order of Attachment, dtd. 23/1/2018 at Annexure-C passed by the Respondent-Authority.

(2.) W.P. No.16539/2022 is preferred by the registered Trade Union known as BBMP Powrakarmikara Sangha seeking for a direction directing Respondent No.1 to comply with the Order, dtd. 26/10/2017 passed by Respondent No.2 vide Annexure-A and direction to deposit along with simple Interest at the rate of 12% in accordance with Sec. 7-A of the Employers' Provident Fund & Miscellaneous Provision Act, 1952 (hereinafter referred to as "the EPF & MP Act"), for a direction to ensure the remittance that are to be made in compliance with the Order, dtd. 26/10/2017 and to be remitted in the account of Powrakarmikara Sangha, direction to Respondent No.2 to lodge prosecution against 14-A of the EPF & MP Act and Para No.76 of the EPF Fund 1952 against Respondent No.1 to comply with the aforesaid provisions for exemplary damages against Respondent No.1 under Sec. 14-B of the said Act, and for Further Enquiry to be conducted expeditiously in pending dues form the years 2007 to 2011 and to ensure that the said amounts are received by the said Powrakarmikara Sangha and seek the following prayers:

(3.) Facts reveal that the Respondent-Authority passed an order under Sec. 7-A of the EPF & MP Act determining an amount of Rs.90,18,89,719.00on the account of Provident Fund, Pension Fund and insurance fund contribution for the period from January 2011 to July 2017. Application for review was filed by BBMP seeking to review the Order passed by the Respondent-Authority, determining an amount of Rs.90,18,89,719..00 The grievance of the Petitioner in W.P. No.4449/2018, the BBMP is that the impugned Order of Attachment passed by the Respondent-Authority is without giving any notice of hearing nor passing an order of rejecting the review filed by the BBMP. The dispute arose when BBMP failed to provide PF pass books, account details, contribution cards to the Workers and failure of contractors in remitting PF contribution, contractors withholding annual statement of the Workers' account. The Petitioner-Union issued letter Producing List of Contractors, Number of Contract, Powrakarmikara Sangha and Work Orders issued to the Contractors along with the Order, dtd. 9/3/2009 in KIC 2247 COM 2008 directing Respondent No.1 to ensure compliance with the PF and MP Act, which is under the guise that The order was passed by the authority and noting the serious non-compliance having taken place, the Petitioner-Union continue to pursue the authorities seeking implementation of the order with both the Respondents.