MANAGER Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The 2nd respondent, Sri. Venugopal was employed as a Field Officer in the Pattumalay Division of Wallardie Estate. For alleged violation of the standing orders of the Wallardie Estate, disciplinary proceedings were initiated against the 2nd respondent by the petitioner. A domestic enquiry was conducted and accepting the findings of the enquiry officer, the 2 nd respondent was dismissed from service. The issue ultimately reached the Industrial Tribunal, Idukki and by award dated 28.8.2019, the Tribunal held that the petitioner failed to bring home the charges against the 2 nd respondent. The 2nd respondent was ordered to be reinstated in service with back wages and all consequent benefits. Being aggrieved by the order passed by the Industrial Tribunal, the petitioner herein approached this Court and filed a Writ Petition under Article 226 of the Constitution of India. This Court by judgment dated 24.07.2015 in W.P.(C) No. 934 of 2010 dismissed the Writ Petition. Though the matter was taken in appeal, the Division Bench by its judgment dated 10.02.2016 in Writ Appeal No. 2691 of 2015 refused to interfere with the judgment. The award has thus become final.

(2.) Alleging non compliance of the award, the 2nd respondent filed a claim petition before the Labour Court, Ernakulam as C.P. No.9 of 2016 claiming a total sum of Rs.12,39,802.02/- which includes interest of Rs.4,84,600/-. The said claim petition was partly allowed by the Labour Court and the 2nd respondent was awarded a sum of Rs.7,55,202.02/- by excluding the interest which was claimed. Being aggrieved by the quantum of amount awarded and the denial of interest, the 2 nd respondent filed W.P.(C) No.33527 of 2017 which is pending before this Court. The petitioner is stated to have remitted a sum of Rs.7,55,202/- as ordered by the Labour Court.

(3.) While things being so, the 2nd respondent approached the 1st respondent seeking a direction to the Employer to pay their share of Contribution under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act , 1952 on the amount of back wages paid to him as per the award of the Labor Court. The 1 st respondent heard the petitioner and the 2nd respondent and passed Exhibit P5 order finding that the 2nd respondent was eligible for membership of the Employees Provident Fund Scheme, 1952 and Employees Pension Scheme, 1995 for the period from 10.7.2004 to 2.11.2009. The above order is under challenge in this Writ Petition.