SFTB CONTROL WORKERS Vs. DELHI TAPEDIC UNMULAN SAMITI

JUDGEMENT

(1.) This writ petition is filed by the association of the workers of the respondent no.1/employer/Delhi Tapedic Unmulan Samiti. In the writ petition, the petitioner-association claims the benefit of implementation of the circular of the respondent no.1 dated 6.5.2011 with respect to Employees Provident Fund benefits and Employee State Insurance benefits. These benefits are given under the Employees' Provident Funds Act and Scheme 1952 and Employees' State Insurance Act, 1948.

(2.) Counsel appearing for respondent no.1 does not dispute that with effect from the date of this circular, the employees of the respondent no.1, including those who are members of the petitioner-association, will be entitled to the benefits of the Employees' Provident Funds Act, 1952 and the Employees' State Insurance Act, 1948. What the counsel for the respondent no.1 contends is that there is an issue pending with the Regional Provident Fund Commissioner and the authority acting under the ESI Act, as to the date from which these Acts would become applicable to the respondent no.1, inasmuch as, whereas the respondent no.1 claims applicability will be from the date of the circular dated 6.5.2011, however, the authorities under the said Acts contend that the Acts become applicable of their own force once the requirements contained therein are satisfied.

(3.) On hearing counsel for the parties, it is not disputed before me by any of them that w.e.f 6.5.2011, the benefits of the Provident Fund and Employees State Insurance should flow to the employees of the respondent no.1. Therefore, to the extent of the relief claimed of enforcement of the circular dated 6.5.2011 w.e.f 6.5.2011, it is ordered that the respondent no.1 will forthwith implement its circular. For the purpose of implementation of this circular dated 6.5.2011, the employees of the respondent no.1, including the members of the petitioner- association, are required to comply with various formalities under the Employees' Provident Funds Act, 1952 and the Employees' State Insurance Act, 1948. These are requirements, which will be specifically known to the concerned authorities under the relevant Acts being the Employees' Provident Fund Act, 1952 and the Employees State Insurance Act, 1948, I direct that the concerned authorities will inform the respondent no.1 within a period of six weeks from today, as to what all are the formalities which the employees of the respondent no.1 must comply with so that the benefits under the Acts can flow to these employees. Within a period of eight weeks thereafter, the members of the petitioner will comply with these requirements by submitting the relevant documents or other compliances either directly to the respondent no.1 or if so required to the authorities under the Acts, of course, which will be as per law of the requirements of compliances either with the authorities or to the respondent no.1. I clarify that the requirements will be communicated by the respondent no.1 to its employees including the members of the petitioner, by affixing of such requirements by means of notifications/notices/circulars on the notice boards and all other relevant places in the offices of the respondent no.1. If the compliances have to be made only to the respondent no.1, the respondent no.1 will on each of the members of the petitioner giving them the necessary documents and the compliances, take appropriate action thereupon including forwarding of these documents to the authorities under the relevant Acts so that the authorities under the relevant Acts will process the same for giving of the benefits to the members of the petitioner. It is further directed that on the authorities under the relevant Acts, receiving the necessary compliances, they shall expeditiously, and not later than six months from today take the requisite action for giving of the benefits under these Acts to the employees of the respondent no.1.