CENTRAL STATE FARM HISAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant writ petition, filed under Articles 226/227 of the Constitution of India, assails the inspection report dtd. 12/12/1996 (Annexure P 3), as well as notices dtd. 13/1/1997 (Annexure P and P-5) 4/2/1997 (Annexure P 7), vide which, the petitioner was directed to deposit an amount of Rs.2,79,401.12 with the Welfare Fund, created in view of the Punjab Welfare Fund Rules, 1965 (for short, 'the Act of 1965').

(2.) Before proceeding with the matter and penning down the submissions of the learned counsel for the parties, it would be essential to take note of the fact that vide order dtd. 24/12/2014, a Coordinate Bench, had dismissed this petition, thereby, holding that the petitioner would be covered within the definition of "factory", which, in turn, would fit in the larger expression of "establishment". Consequently, even the contention that petitioner had transferred the unpaid wages to the welfare of the workers and therefore, there was no requirement to remit the said amount to the welfare fund, was also rejected, on the ground that there existed no provision for an establishment to transfer its own unpaid wages to a fund created by such establishment and claim exemption from transferring the amount in the welfare fund, in the manner contemplated under Sec. 3.

(3.) Dissatisfied, the petitioner challenged the said order by instituting an intra-Court appeal (LPA-618-2015), asserting that Sec. 26 of the Punjab Labour Welfare Fund Act 1956, upon which, the Coordinate Bench relied upon while dismissing the writ petition, already stood omitted, but this fact was not brought to its notice. Considering the abovesaid assertion, the Division Bench set aside the order dtd. 24/12/2014 (supra), and remitted the matter, for decision afresh, in view of the altered position of law. That is how, this Court is seized of the matter.