PGIMER Vs. REGIONAL PROVIDENT FUND COMMISSIONER I

JUDGEMENT

(1.) The petitioner seeks quashing of the order dtd. 29/6/2018 (P13) passed by respondent whereby the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 have been made applicable to the contractual employees engaged by the petitioner-Institute. The challenge has also been laid to the order dtd. 19/9/2018 (P14) issued by the said respondent calling upon the petitioner-Institute to show cause as to why criminal proceedings under Sec. 14-AC of the Act be not initiated for non-compliance.

(2.) A perusal of the paper-book would show that on an earlier occasion, the order had been passed way back on 15/1/1979 (P7) by the said respondent who assessed the arrears of provident fund dues under Sec. 7A of the Act. Appeal of the petitioner was dismissed on 19/5/2010 (P8) by the Appellate Tribunal and CWP No.12334 of 2010 came to be filed which was disposed of on 17/12/2012 (P11) and the matter was remanded for consideration afresh in the light of the letter issued by the Government of India dtd. 18/9/1975 resulting in non-application of the provisions of the Act to the petitioner-Institute. Resultantly, the order dtd. 29/6/2018 (P13) has been passed by exercising the powers under Sec. 1 of 4 7A of the Act whereby in principal respondent has agreed that the letter dtd. 12/9/1975 excludes the petitioner-establishment as the regular employees of petitioner-establishment are in receipt of benefits like contributory provident fund and other social security benefits as envisaged under the PGI Act, 1966. However, the respondent has held that huge number of contractual labour is being appointed through contractors and the contractors have breached the model code of conduct. It is in pursuance of this order that the show cause notice under Sec. 14-AC has also been issued.

(3.) It is not disputed that Sec. 7-I provides for remedy of appeal to the Tribunal. Sec. 7-I reads as under:-