SK. GOLAMUDDIN CHOUDHURY Vs. ORISSA STATE CO

JUDGEMENT

(1.) Challenge has been made to the non-deposit of E.P.F. contribution by the employer for the period from June, 2002 to March, 2005 even though recovered from the petitioner resulting the petitioner being deprived of his pension from the E.P.F. Authority under the Employment Pension Scheme, 1995 (hereinafter called as 'the Scheme, 1995) and non-payment of salary for the period from June, 2002 to March, 2005.

(2.) The factual matrix leading to the case of the petitioner is that the petitioner was working as Senior Executive in the Co-operative Spinning Mills of Orissa, Bargarh since November, 1973. While working as such, the opposite party no.2-Orissa State Cooperative Spinning Mills Federation Limited, i.e, "SPINFED" was created by the State Government under which all the Spinning Mills established by the State Government in the Co-operative Department including the Utkal Weavers? Co-operative Spinning Mills, Khurda (hereinafter called as "the USPIN") were managed and controlled by the SPINFED. After creation of SPINFED, during the year 1987, the petitioner was transferred from Orissa Weavers? Co-operative Spinning Mills, Bargarh to Kaling Weavers? Co-operative Spinning Mills, Dhenkanal and thereafter the petitioner was transferred to different organisations under SPINFED, finally retired while working in USPIN in October, 2005. It will not be out of place to mention here that the petitioner worked there from June, 2002 to October, 2005. Be it stated that during such incumbency, his EPF contribution was not deposited. The petitioner retired under Voluntary Retirement Scheme on 29.10.2005 after receiving the VRS dues as per letter dated 29.10.2005 of the Managing Director, USPIN.

(3.) It is the further case of the petitioner that he was not paid his salary during the period from June, 2002 to March, 2005 while he was working as Managing Director of USPIN amounting to Rs.3,37,134/- and even though an amount of Rs.54,653/- was recovered from his salary towards employee share, the employer did not deposit the said amount along with employer share of EPF with the Regional Provident Fund Commissioner, Bhubaneswar, opposite party no.4 for which he did not get the pension from opposite party no.3 after his retirement. The petitioner, on enquiry, came to know that the employer has submitted Form-10 showing the date of leaving of service by the petitioner as 2.4.2002. Be it stated that the petitioner while retired from service on 29.10.2005, he has filled up Form-10 mentioning his date of leaving and submitted the same to the employer for onward transmission to opposite party no.4, but it seems the date of leaving has been scored through in order to save the employer from depositing EPF dues for the period from June, 2002 to March, 2005. It is stated that the attempt is deliberate and fraughted with malafideness. The petitioner has requested the opposite party no.4 time and again to direct the employer to deposit the EPF dues and pay his salary so that he can get pension from opposite party no.4. Since the opposite party no.4 has remained silent to the request of the petitioner, the petitioner is compelled to file this writ petition for a direction to the opposite parties to pay his unpaid salary for the above period and to pay the pension.