MANJIT SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition filed under Art. 226 of the Constitution prays for issuance of directions in the nature of mandamus directing the respondents to make the petitioners payment of Employees Provident Fund to the petitioners without restricting the same to the period after regularisation. The petitioners have claimed right of Employees Provident Fund under Sec. 7 (A) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for brevity, 'the EPF Act') and have based their claims on the earlier judgment of this Court as upheld by the Letters Patent Bench and Honourable the Supreme Court. The judgment of the learned Single Judge has been rendered in the case of State of Punjab Vs. Regional Provident Fund Commissioner and others, 1991 (7) SLR 234.

(2.) Brief facts of the case necessary for disposal of the controversy raised in this petition are that the petitioners have been working on the post of Guage Reader with effect from various dates ranging from 1.7.1978 to 1984. The dates of their appointments on work charge basis are as under : <FRM>JUDGEMENT_547_LAWS(P&H)2_2006_1.html</FRM>

(3.) The stand of the respondents in the written statement as well as the communication sent in reply to the legal notice of the petitioners is that the Investigation Division where the petitioners are employed was attached with the Kandi Canal Circle, Hoshiarpur, w.e.f. June, 1996 and the same falls under World Bank Aided Project. It has further been asserted that the division was covered by the EPF Act w.e.f. 1.4.1996 whereas the other divisions of Kandi Canal Circle, Hoshiarpur were covered w.e.f. 31.10.1980. Therefore, deductions have been made only w.e.f. June, 1996. The earlier judgment in the case of Regional Provident Fund Commissioner (supra) is sought to be distinguished by stating that prior to June, 1996 the Investigation Division was attached with the Director, Planning and Design Studies, Chandigarh, which did not fall within the provisions of the EPF Act and, therefore, the EPF Scheme could not be implemented before June, 1996.