KAKATIYA UNIVERSITY Vs. EMPLOYEES PROVIDENT FUND ORGANIZATION

JUDGEMENT

(1.) Kakatiya University, Hanamkonda, Warangal District is the petitioner in these two writ petitions which are filed aggrieved by the proceedings initiated under the provisions of Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short, 'the Act) for recovery of arrears towards PF contributions in respect of casual workers and daily wage workers including temporary employees working in the University.

(2.) The petitioner University which was established under the Kakatiya University Act, 1991, is governed by the provisions of A.P. Universities Act, 1991. In the affidavit filed in support of the writ petitions, it is stated that to meet the administrative requirements the University has been engaging the service of casual workers and daily wage workers from time to time and the said appointments are purely temporary in nature. As clarified by the Government of A.P., unless the services of the above said employees are regularized in terms of G.O.Ms.No.212, Finance, dated 22-4-1994, they are not eligible for getting minimum pay scale and they are not also entitled for provident fund benefits. It was made clear by the Government of A.P. by letter dated 6-3-1998 that the University shall not make PF contribution in respect of daily wage employees as they are not regular employees. As per Section 49 of A.P. Universities Act, 1991 read with the instructions of the Government of A.P. vide letter dated 7-11 -2003, the petitioner University shall not take any decision on any issue of financial implications without obtaining specific approval of the Government.

(3.) In spite of the above directions, to avoid any unpleasant action from the officials of the Employees Provident Fund Organisation, the petitioner University started paying employer's contribution of PF in respect of casual and daily wage workers from the year 2004 onwards subject to approval of the Government of A.P.