Andaman Sarvajanik Nirman Vibagh Mazdoor Sangh And Another v. The Lt. Governor And Others

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/194/2021 Andaman Sarvajanik Nirman Vibagh Mazdoor Sangh and another ... Petitioners Vs.

The Lieutenant Governor and others ... Respondents Mr. Gopala Binnu Kumar ... for the petitioner Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the Administration Mr. A.S.Kumar ... for the respondent No.5 December 22, 2022 [SR] Item No.5 The Regional Provident Fund Commissioner -II/OIC Regional Office, Port Blair, respondent no.5, has filed a report. It appears that as many as 18 Divisions of the Andaman Public Works Department (APWD) have been making EPF deposits and remittances from the months i.e. 01.4.2016 till October and November, 2022.

Some departments have paid till August, September, 2022. The Chief Engineer, APWD/respondent no.4, has filed an affidavit and has confirmed the above.

This Court notices the submissions of learned counsel for the petitioners-trade union that their members about 4600 and odd in number are working for well over sixteen years. The respondent no.4 ought to have complied with the EPF deposit requirement of each of the members of the

petitioner, in terms of the Employee's Provident Funds and Miscellaneous Provisions Act, 1952, from date of their first engagement.

In the above circumstances, this Court directs the competent authority to ascertain the records the date of first engagement each of the members of the petitioners and workout a modality of the deposit of EPF in terms of the statute.

As a onetime measure, the period for which remuneration and wages have been paid in entirety to the workmen concerned without deduction, and have been appropriated by them, the respondent nos. 4 and 5 may consider and deposit of the employers contribution alone. It is ordered that the aforesaid exercise must be completed by the respondent nos.4 and 5 within a period of four months from date.

Let no coercive measures be taken by the 5th respondent against the 4th respondent in this regard. WPA/194/2021 stands dispose of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )