THEIN DAM WORKERS UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought quashing of order dated 7.11.2003 (Annexure P -10) passed by respondent No.2. Vide this order, it was clarified that after absorption in the State Government Service, the entire amount lying with the Employees Provident Fund Organization should be transferred to the State Government for pension fund. No payment was to be made to the individual employee. This petition has been filed by the registered union of the workers of Ranjit Sagar Dam Project. The employees were workers on work charged basis, were regularized by the Government of Punjab, Department of Irrigation vide order Annexure P -1 dated 13.3.1996. All the employees used to pay contribution prior to regularization of services on account of Clause (i) of the Employees' Provident Fund sub -Clause (ii) of Family Pension. In the year 1995 the Punjab Government has modified its scheme on all India basis by the name of Employees' Pension Scheme, 1995. The employees' contribution to pension scheme was stopped after 15.11.1995, as per the instructions issued by Regional Provident Fund Commissioner, Punjab, Chandigarh dated 14.5.1998 (Annexure P -2). All the employees could apply for refund of their share. Some contributions were made on account of family pension. Representation dated 17.12.2002 was made seeking refund of the share of contribution on account of family pension. Case of the petitioner is that vide instructions dated 17.1.2003 (Annexure P -5) the Regional Provident Fund Commissioner had directed to respondent No.4 i.e. to the Chief Engineer, Ranjit Sagar Dam to refund the amount to the employees as the Central Government had decided to refund the Family Pension Fund accumulations to the workers of Ranjit Sagar Dam on their absorption in the State Government service. Despite this clarification no refund was made. Vide letter dated 30.9.2003 (Annexure P -9) respondent No.4 again sought the refund of Family Pension accumulations in two parts: -(1) Accumulations under employees Family Pension Scheme, 1971 and (2) Accumulations under Employees Pension Scheme, 1995. As regards category No.1, the amount was to be refunded to the employees concerned in respect of accumulations and as regard category No.2 the total accumulation w.e.f. 16.11.1995 to 12.3.1996 was refunded to the employer. Vide order dated 7.11.2003 (Annexure P -10) it has been clarified that the entire amount payable by the Employees Provident Fund Organization is to be transferred to the State Government Pension Fund and no payment is required to be made to the individual employee.

(2.) COUNSEL for the petitioner has argued that the employees ' provident fund contribution has since been refunded to the petitioners on being regularized in the State Government service. With regard to the clarification issued order dated 7.11.2003 (Annexure P -10) is liable to be quashed.

(3.) MR . Rajesh Hooda, counsel for respondent Nos.2 and 3 has supported the order dated 7.11.2003 (Annexure P -10) that the instruction issued by the Central Office is clear that the payment of provident fund/ pension fund accumulations is to be made to the State Government after absorption.