The Port Blair Municipal Council And ORS. v. The Union Of India And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WP.CT/1/2023 The Port Blair Municipal Council and others Vs The Union of India and another Mr. Arul Prasanth ... for the petitioners Mr. V.D.Sivabalan Mr. Arun S Kumar ...

for the respondents November 20, 2023 [SR] Item No.24

1. The writ petition is directed against an order passed by The National Industrial Tribunal in the appeal being EPF Appeal No.07 of 2019 dated 7th December, 2022 in connection with the application filed under section 7 A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (in short "EPF"). The dispute arose with regard to the coverage of Port Blair Municipal Council under the provisions of the EPF - 1952, prior to January, 2011.

2. It has been strenuously contended that prior to 08.1.2011, the Port Blair Municipal Council was under exemption. However, due to force exerted by the Union of India, benefits under the said Act was extended to some of the employees and not all.

3. Learned counsel for the petitioners has referred to a communications addressed by the EPF organization, Ministry of Labour, Govt. of India to the Secretary, Local Self Government in and and also

communication between the Andaman and Nicobar Administration to the Secretary, Port Blair Municipal Council.

4. It appears that the Municipality taking into consideration of the poor contractual/casual/temporary/DRM/Part time and like employees working directly or indirectly under the Port Blair Municipal Council have extended the provision of the act as social security measures and had continued to extend such benefits to its employees prior to 8th January, 2011.

5. It was on such conspectus of the facts, the Tribunal has declined to accept the submission made on behalf of the writ petitioners that it had no liability to discharge prior to 2011 under the EPF Act. The Tribunal has also recorded that there is nothing on record to show that "what Municipal Council did with the share of the contribution made by those employees who were already covered by the scheme provided by the Act from 03/2007 to 08.01.2011".

6. Under such circumstances, we do not find any reason to interfere with the order passed by the appellate authority. The petition fails and there shall be however no order to costs.

7. The Registry is directed to prematurely encash the fixed deposit of the amount deposited in terms of the order

dated 3rd march, 2023 and remit the said amount to the EPF authorities, who shall adjust the said amount towards the amount payable by the writ petitioner in terms of the order passed by the authority. In so far as the balance amount is concerned, the petitioners shall remit the said amount within three months from date.

8. Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities.

( Soumen Sen, J. ) ( Siddhartha Roy Chowdhury, J. )