CENTRAL POLLUTION CONTROL BOARD Vs. UNION OF INDIA

JUDGEMENT

(1.) Above referred four writ petitions having similar issues are being decided by following common judgment.

(2.) Petitioners in Writ Petitions No. 23083 of 2020 (Central Pollution Control Board); 9887 of 2021 (Pee Cee Cosma Sope Ltd.) and 29859 of 2022 (M/S Institute Of Mental Health And Hospital) are principal employers whereas petitioner in Writ Petition No. 8898 of 2022 (M/S Industrial Security Associates) is a contractor who has provided employees to above referred writ petitioners on contract. Principal employers are aggrieved by common judgment and order dtd. 13/11/2018 and order dtd. 30/1/2020 passed under Sec. 7-A of The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 [Act of 1952] whereby appropriate Authority under said Act has fastened liability on petitioners being principal employers as well as on contractor also.

(3.) The appropriate Authority in the impugned order has referred definition of employees as provided under Sec. 2-F of said Act of 1952 as well as paragraph 36 (duties of employer) and paragraph 36-b (duties of contractor) of Employees Provident Fund Scheme, 1952 [Scheme of 1952] and further held that since principal employers as well as contractor have failed to comply with the statutory provisions of said Act to deposit due, therefore, it was directed to principal employers as well as contractor to deposit their respective contributions. It was further held that principal employers have engaged workers through contractor for their administrative and financial convenience and any financial dispute between these parties will not absolve them from their respective statutory duties. For reference, above referred Sec. and paragraphs are mentioned hereinafter -: