The Honourable Lieutenant Governor And ORS v. Andaman Sarvajanik Nirman Vibagh Mazdoor Sangh And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/17/2023 IA No.CAN/2/2023 The Hon'ble Lieutenant Governor and others Vs Andaman Sarvajanik Nirman Vibagh Mazdoor Sangh and others Mr. Vikramjit Banerjee ASG [through virtual mode] Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the appellant Mr. Gopala Binnu Kumar ... for the respondents November 22, 2023 [SR] Item No.15 1.

The petitioner is aggrieved by the order passed by the learned Single Judge in extending the benefit of EPF to the respondents from the date of their first engagement. 2.

It is an admitted position that the petitioners were required to make a matching contribution under the EPF Act to around 4600 and odd numbers of employees working for over 16 years, inadvertently, such matching amount was not made by the writ petitioners. At the same time, no amount was deducted from the said employees towards their contribution to the EPF account.

3.

Under such circumstances, we are of the view that the direction of the learned Single Judge to deposit the contribution of the employer from the date of the first engagement of the employees may not be proper and the relevant date for the purpose of determining contribution,

should be when the unit comes within the purview of the EPF Act.

4.

We have arrived at the conclusion that in view of the fact that it was the bonafide mistake on the part of the petitioners and in any event, the employees would not be affected by reason of extending the said benefit from the date of coverage when the unit comes within the purview of the EPF Act, the order of the learned Single Judge is modified to that extent and the respondent shall comply with the order within a period of two months from date.

5.

No coercive action shall be taken against the petitioner no.4 for a period of two months and needless to mention that in the event the order is complied with, all coercive measures shall remain stayed permanently.

6.

The appeal and the connected application stands disposed of.

7.

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

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