M/S. Longia
Biri Company Through Md. Zirazuddin Vs. Union of India &
Ors [1995] INSC 617 (2 November 1995)
Ramaswamy,
K. Ramaswamy, K. Hansaria B.L. (J)
CITATION:
1995 SCALE (6)432
ACT:
HEAD NOTE:
O R D
E R
Leave
granted.
This
appeal by special leave arises from the order dated November 1, 1989 of the Division Bench of the Patna High Court in C.W.J.C.
No.1904 of 1989, dismissing the writ petition of the appellant. Learned counsel
for the appellant contended that the appellant had not been given any opportunity
before computing the liability of provident fund and the damages under the
Provident Fund Miscellaneous Provisions Act, 1952. On a representation made by
the appellant the Regional Provident Fund Commissioner, Bihar, at Patna in his
letter dated 21st
September, 1993 stated
thus:
"Please
refer to your representation dated 27.8.93 on the subject cited above.
The
point raised by you in the aforesaid petition is required to be examined in
detail vis-a-vis statutory provisions, Pending decision in the matter, you are
hereby communicated the decision the extent that the payment of employees share
of P.F. contribution is waived for the period 6/77 to 9/85 in accordance with
the existing directions. It is, however, made clear that as regards other points,
the petition will remain as before." In view of the waiver of the payment
of the liability of the employee's share of the provident fund contribution for
the period commencing from June 1977 to September 1985, the appellant is
relieved of the liability to deposit the said amount. The amount due on that
account was not indicated in the letter. Therefore, the Regional Provident Fund
Commissioner is directed to indicate by separate letter as to what was the
amount due and payable by the appellant for the said period towards the payment
of the employee's share of the provident fund. After deduction of the said
amount, the appellant shall provisionally pay a further sum of Rs.10 lakhs in
addition to the sum of Rs.8 Lakhs which had already been paid. This Court on May 3, 1993 passed the following order in similar matters :
"The
SLPs are dismissed. It is open for the petitioner to collect the names of the Bidi
Workers who work for them through their contractors and furnish the names of
all the workers to the Provident Fund Commissioner. The Provident Fund
Commissioner thereafter will verify these names and calculate the liability of
the petitioner on the basis of such verification. If any excess amount is found
due from the petitioner, the Provident Fund Commissioner will recover such
amount from the petitioner, on the other hand, if any amount is found due to
the petitioner, the Provident Fund Commissioner will refund the same. The
petitioner to furnish names of the workers, as above within six months from
today." In this view of the matter, the case is remanded to the Regional
Provident Fund Commissioner to follow the above directions and compute the
liability of the appellant afresh. In case the liability falls short of the
amount already deposited then the appellant shall pay the shortfall within a
period to be specified by the Provident Fund Commissioner. In case it is found
to be in excess, the Regional Provident Fund Commissioner would refund the
amount.
The
appeal is disposed of accordingly. No costs.
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