Disposed

Private Accounting Collection & Contract Labour Union, v. Regional Provident Fund Commissioner-Ii

Andhra Pradesh HC9 Dec 2024WP/26294/2011

Case brief

AI extract

What is this about?

Contract labour union sought enforcement of EPF Act benefits against the power distribution company and its contractors. The court found dues had already been recovered from contractors and held with respondent No.1, and directed disbursal on submission of documents.

What did the court decide?

Petitioners to submit entitlement particulars to respondent No.1 within two weeks; respondent No.1 to process and pay PF within four weeks thereafter.

Private Accounting Collection… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction)

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TUESDAY ,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

¶4

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶5

WRIT PETITION NO: 26294 OF 2011

¶6

Between:

¶7

Private Accounting Collection & Contract Labour Union, rep. by its Secretary, P. Chanda Saheb S/o.P.Shekanna aged 35 yrs., 17/65-4, Balaji Nagar, Alur Road, ADONI 518 301 (A.P.), Kurnool^District.

¶8

K. Vasudhendra Rao, S/o. K. Narasimha Murthy H.No. 21-6-, 6th Road, S.K.D. Colony, ADONI 518301(A.P.) Kurnool District.

¶9

P. Manohar, S/o. P. Eranna Rao aged about 46 Yrs, 13-409-1, Khajipura Street, ADONI 518301 (A.P.) Kurnool District.

¶10

M. Surya Prasad, S/o. M. Bala Swamy aged about 37 Yrs, 1-339-16, Bharpet, ADONI 518301 (A.P.) Kurnool District.

¶11

S. Thaimani Rao, S/o. S. Hanumantha Rao aged about 33 Yrs, 3-228, Pinjarawadi Street, ADONI 518301 (A.P.) Kurnool District.

¶12

G. Vijay Kumar, S/o. R.R. Ghorpade 9-382-1, Marathawadi Street, ADONI 518301 (A.P.) Kurnool District.

¶13

M. Omnath, S/o.M. Vittal Rao 4-187-29, Ambha Bhavani pet, ADONI 518301 (A.P.) Kurnool District.

¶14

S. Mohammed Ghouse, S/o. S. Ahmed 18-601, Matkarwadi Street, ADONI 518301 (A.P.) Kurnool District.

¶15

K. Lakshmanna, S/o. K. Benigerappa 4-166, NAGARUR Village, Aspari Mandal, Kurnool District.

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vV--

¶17

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R. Nagaraj, S/o. R. Eranna 23-21, Karwanpet, ADONI 518301 (A.P.) Kurnool District.

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K.S. Govindarajulu, S/o. K.S. Thayappa 2-401, Panchayat Raj Engineer’s Colony, Near Sri Vivekananda Yogashram,^ADONI518301 (A.P.) Kurnool District.

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Y.P. Srinivasulu, S/o. Y.P. Eranna Rao 1121-2, Hanuman Nagar, ADONI 518301 (A.P.) Kurnool District.

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J. Praveen Kumar, S/o. J. Gopal Rao H.No.3, SBI Colony,^AAS College Road, ADONI 518302 (A.P.) Kurnool District.

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M. Neelakantappa, S/o. M. venkatshappa 10-333, Near Sri

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Neelakanteswara Swamy Temple, YEMMIGANUR 518 360 (A.P.) Kurnool District.

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K. Srinivasulu, S/o. K. Lakshmanna 10-333, Near Sri

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Neelakanteswara Swamy Temple, YEMMIGANUR 518 360 (A.P.) Kurnool District.

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D. Venkatesulu, S/o. D. Rangappa 10-149, Mallare Veedi, YEMMIGANUR 518 360 (A.P.) Kurnool District.

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M. Venkata Ramana, S/o. M. Raj Gopal 3-205, Parvana Nagar, All Bank employees Colony, ADONI 518 301 (A.P.) Kurnool^District.

¶28

K. Narasimha Murthy, S/o.K. Raghunath Rao 21-105, S.K.D. Colony, 2nd Road, ADONI 518 301 (A.P.) Kurnool District.

¶29

I. Prasad, S/o. I. Venkatesulu 837-17-228, Kranthi Nagar, ADONI 518 301 (A.P.) Kurnool District.

¶30

S. Mahesh, S/o. S. Siddappa 8-322-2, Gowlipeta, ADONI 518 301 (A.P.) Kurnool District.

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N. Jayaram, S/o. N. Bhemmanna 4-72, NAGARUR Village, Aspari Mandal, Kurnool District.

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H. Ravi Chandra, S/o. H. Ram Bhat H.No. 68, HIG, A.P. Housing Board Colony, Near National School, ADONI 518301 (AP), Kurnool District.

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M. Ranganna, S/o. M. Rangappa H.NO. 1-66, DEVANABANDA Village, Pathikonda Mandal, Kurnool District.

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M. Pullaiah, S/o. M. Kondaiah H.NO. 18-40, Kummari Veedi, PATHIKONDA Village & Mandal Kurnool District.

¶36

K.B. Chinna Veeranna, S/o. K.B. Bheema Lingappa H.No. 1-13, CHINNUHULTHI Village, Pathikonda Mandal, Kurnool District.

¶37

C. Gangadhar, S/o. C. Ganganna Gandhinagar Colony,^Behind Govardhan Talkies, ALUR Post & Mandal, Kurnool District.

¶38

S. Ramesh, S/o. Pedda Hanumanthappa H.No. 8-113, MOI_AGAVALLI Village, Alur Mandal, Kurnool District.

¶39

K. Vijay Kumar, S/o. K. Benigerappa H.No. 4-166, NAGARUR Village, Aspari Mandal, Kurnool District.

¶40

...PETITIONERS

¶41

AND

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Regional Provident Fund Commissioner-ll, Employees Provident Fund Organisation, (Ministry of Labour, Government of India), Sub Regional Office, 1/30, R.S.Road, Cuddapah 516 004 (A.P.)

¶43

Chief General Manager, Central Power Distribution Company of Andhra Pradesh, 6-1-50, Mint Compound, Hyderabad 500 063 (A.P.)

¶44

Superintending Engineer (OP), Kurnool 518 001 (AP),^Central Power Distribution Company of Andhra Pradesh, 6-1-50, Mint Compound, Hyderabad 500 063 (A.P.)

¶45

K.P. Rao & Co., Chartered Accountant, rep. by, H.T. Sunanda, W/o. Late H.T. Krishna Reddy, P.A.A., Alur Road, Opposite^PowerHouse ADONI 518 301(A.P.), Kurnool District.

¶46

Sankara Reddy Associates, Chartered Accountant, rep. by K. Srinivasa Murthy, 21-142-6, S.K.D. Colony, ADONI 518 301 (AP),^{KurnoolDistrict}

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...RESPONDENTS

¶48

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or writ more appropriately a writ of mandamus to declare the impugned replies given by the 2nd respondent vide his Memo No.COM (HR&IR)GM(IR&L)/AS(IR)/PO(IR)/20-33/2011, dated 23.05.2011 and forwarding the same by the 3rd respondent vide his Lr.No. SE/O/KNL/SAO/A.O.(Rev)/JAOLT(Rev)/D.No./2011 dated 23.05.2011 to the 1st respondent and in turn the 1st respondent issuing the impugned letter No.AP/SRO/KDP/Enf/Lnl/APCPDCL,Adoni/2011/ dated 11.07.2011 is illegal and set aside the same and further direct the respondents herein to apply the provisions of EPF Act, 1952 to the members of the petitioner Union i.e., 1st to 28th petitioners herein from 01.04.2009 onwards as per the finding recorded by this Hon'ble Court in WPNo.14508/2009, dated 30.04.2010 by issuing code numbers to the petitioners herein forthwith

¶49

I.A. NO: 1 OF 2011fWPMP. NO: 32460 OF 2011)

¶50

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to make applicable of the provisions of EPF Act, 1952 to the members of the petitioner Union i.e., 1st to 28th petitioners herein as per the finding recorded by this Hon'ble Court in

¶51

WPNo.14508 of 2009, dated 30.04.2010 by issuing code^numbers to the petitioners herein forthwith, pending disposal of the writ petition lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the PETITIONERS / the Petitioners herein to amend the main writ prayer, i.e., “to issue an order or direction or writ, more appropriately a WRIT OF MANDAMUS to declare THE IMPUGNED REPLEIS GIVEN BY THE 2'^^ Respondent vide his Memo No. CGM(HR &IR) GMaR&L) /AS(IR)/20-33/2011, dated. 23-05-2011 and forwarding the same by the 3rd Respondent vide his Lr. No. SE/0/KNL/SA0/A.0.(Rev)/JA0LT(Rev)/ D. No. /2011, DATED.^23-05-2011to the 1 St Respondent and in turn the 1®' Respondent issuing the impugned letter No. AP/SAO/KDP/Enf/ KnI/ APCPDCL, Adoni/2011, DATED 11-072011 is illegal and set aside the same and further direct the Respondents herein to apply the provisions of EPF Act, 1952 to the members of the Petitioner Union, i.e., 1st to 28 Petitioners herein from 01-04-2009 onwards as per the finding recorded by this Hon’ble Court in W.P. No. 14508 of 2009, dated. 30-04-2010 by giving code number to the Petitioners^{hereinforthwith} and to pass such other order or orders which are deem fit and Just” by amending the main writ prayer as follows: to issue^an order or direction more appropriately A WRIT OF MANDAMUS to direct the 1st Respondent herein to take necessary action against the 2nd & 3rd Respondents vis- a- vis against 4th and 5th Respondents for not deposing^{thePPFcontributions} of the Petitioners by deducting from the bills of the 4th & 5th Respondents from 01-04-2009 to till the date of cancellation of the contract of the 4th & 5th Respondents with the 2nd & 3rd Respondents by receiving the following documents, i.e., (1) Cancellation of contract of the 4th & 5th Respondents by the 2nd & 3rd Respondents, as per the Memo No. CGM / R&I/GM/R/SAO/R/AAO/R/JAO/LT-I/ D. No. 704/15, dated.^{03-07-2015which}

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No. was extended till 30-09-2016, vide their proceedings Memo CGM/R&IA/GM/R/AAO(R )/JAO(R )/D. NO. 664 dated 31-05-2016^(2)Order No. AP/SRO/KDP/Enf/KNL/AP/AP/43290/2011/dated. 30-11-2011^ofthe1st RESPONDENT / Respondent in the above W.P. No.26294^of2011asper the provisions of the Employees provident Fund Act, 1952 along with interest.

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Counsel for the Petitioner’s: SRI V KISHORE Representing^SRI.K RAJANNA

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Counsel for the Respondent No.1: SRI G R SUDHAKAR

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Counsel for the Respondent No.2: NONE APPEARED

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Counsel for the Respondent No.3: SRI VENKATA RAMA RAO^KOTA

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Counsel for the Respondent No’s. 4 & 5: SRI K VISWANATHA^REDDY

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The Court made the following: ORDER

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APHC010075352011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

¶61

[3329]

¶62

TUESDAY. THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

¶63

PRESENT

¶64

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶65

WRIT PETITION NO: 26294/2011

¶66

Between;

¶67

Private Accounting Collection & Contract Labour Union and Others

¶68

...PETITIONER(S)

¶69

AND

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Regional Provident Fund Commissionerii and Others ...RESPONDENT(S)

¶71

Counsel for the Petitioner(S):

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1.K RAJANNA

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Counsel for the Respondent(S):

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1.R N REDDY

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2.P RAMBHUPAL REDDY 3.P LAKSHMA REDDY

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4.Venkata Rama Rao Kota SC FOR APSPDCL 5.T BALAJI 6.K VISWANATHA REDDY

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7.G RSUDHAKAR

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The Court made the following;

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¶80

ORDER:-

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This writ petition is filed claiming the following^relief:

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.. To issue an order or direction or writ, more appropnateiy a Writ of Mandamus to declare the impugned replies given by the 2^^ Respondent vide his Memo No.CGM(HR&IR) GM(IR&l)/AS(IR)/PO(IR)/20-33/2011, dated 23.05.2011 and forwarding the same by the 3^^ Respondent vide his Lr.No.SE/0/KNUSAO/A.O.(Rev)/JAOLT(Rev)/D.No./ 2011, dated 23.05.2011 to the Respondent and in turn the 1 St Respondent issuing the impugned letter No.AP/SRO/KDP/En/Kni/APCPDCL, Adoni/2011, dated 11.07.2011 is illegal and set aside the same and further direct the Respondents herein to apply the provisions of EPF Act, 1952 to the members of the Petitioner Union, i.e. to 28‘^ petitioners herein from 01.04.2009 onwards as per the finding recorded by this Hon’ble Court in W.P.No. 14508 of 2009, dated 30.04.2010 by issuing code numbers to the petitioners herein ” forthwith and to pass such other order or orders...

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¶84

The case of the petitioners is as follows:

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The petitioners herein have been worked as employees of Respondent Nos.4 and 5 pursuant to the tender issued by Respondent Nos.2 and 3. As per the scheme of the Employees’ Provident Funds And Miscellaneous Provisions Act, 1952 (for short “the EPF Act,1952-), the petitioners are entitled to receive the fund which is contributed by themselves including the contributions by the employer whenever they intended to draw the same. Whereas, the employer shall pay the contributions as per the rate fixed by the Respondent Corporation on behalf of the employees who were engaged by

¶86

¶87

the contractors / Agencies, who were granted contract or Agent who supplied manpower. In the case in hand, the petitioners herein have been discharged their duties as employees of Respondent Nos.4 and 5, who are the contractors. Even though the contract period was completed. Respondent Nos.4 and 5 did not pay the contribution as required and Respondent No.1 also initiated the proceedings for recovery of the same. Even after lapse of much time, the Respondents neither paid the Employees’^{ProvidentFundas} entitled by the petitioners nor initiated any steps^{tocredittheamounttothe} petitioners. Hence the writ petition.

¶88

On the other hand, learned Standing counsel for the Respondents filed counter affidavit, wherein it is stated that Respondent No.1 organisation is covered under the provisions of the EPF Act, 1952 and thus Respondent Nos.2 and 3 have to enroll their employees including the petitioners as members of the PF as the petitioners are the employees engaged by them through Respondent Nos.4 and 5. The Respondent No.1 has already assessed the dues in respect of such un-enrolled employees^and that the Respondent Nos.4 and 5 have questioned the inaction of Respondent Nos.1 to 3 in W.P.No.14508 of 2009 which resulted in preferring^W.A.Nos.626 of 2012 & 992 of 2013 by the petitioners and Respondent No.1 respectively.

¶89

It is further stated that the further assessment from 01.04.2009 was questioned by Respondent No.3 in W.P.No.3979 of 2012 and resulted in preferring the W.A.No.973 of 3012 by the petitioners^{andthesamewasclosed} infructuous as Respondent No.1 recovered the dues from the Respondent

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No.3 and the Respondent No.3 i in turn recovered from Respondent Nos.4 and 5. Thus this writ petition also has become i infructuous and liable to be dismissed.

¶91

Learned Standing Counsel for Respondent No.1 submits that Respondent No.1 collected the amount / contributions i <n respect of the petitioners from Respondent Nos. 4 and 5 and the same is lying with them that which can be disbursed to the petitioners after subject to submission of relevant documents / particulars by the petitioners.

¶92

Heard Sri V. Kishore learned counsel representing Sri K. Rajanna, (earned counsel for the petitioners and learned counsel for Respondent Nos.1, 2 and 3 and also perused the material placed on record.

¶93

It appears that the Respondent Nos.4 and 5 are liable to comply with the terms of Scheme of the EPF Act, 1952. Iti is also determined by this Court tliat the petitioners are engaged by Respondent Nos. 4 and 5 for particular contract period and entitled to receive the benefit under the scheme of the EPF Act, 1952.

¶94

After determination of the issue regarding the entitlement of the petitioners or responsibility of Respondent Nos. 4 and 5 to comply with the scheme of the EPF Act, 1952, the Respondent No.1 herein recovered the entire amount and same is lying with them and i It can be disbursed in favour of the petitioners as and when they submitted the required documents / particulars as per their entitlement.

¶95

¶96

In view of the reasons stated above, this Court is of the considered opinion that the present writ petition can be disposed of, directing the petitioners to submit their relevant particulars /^{detailsaspertheirentitlement} to Respondent No.1 within a period of two weeks from^{thedateofreceiptof} copy of a copy of this order. Upon such submission^{ofrelevantparticulars/} details by the petitioners. Respondent No.1 shall consider^{andprocessthe} same and pay the Provident Fund as entitled by them,^{inaccordancewithlaw,} within a period of four weeks thereafter.

¶97

With the above-said direction, the writ petition is disposed of. There shall be no order as to costs.

¶98

Consequently, miscellaneous applications pending if any, shall stand closed.

¶99

Sd/- N.NAGAMMA ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

Regional Provident Fund Commissioner-ll, Employees Provident Fund Organisation, (Ministry of Labour, Government of India), Sub Regional Office, 1/30, R.S.Road, Cuddapah 516 004 (A.P.)

¶104

Chief General Manager, Central Power Distribution Company^ofAndhra Pradesh, 6-1-50, Mint Compound, Flyderabad 500 063 (A.P.)

¶105

Superintending Engineer (OP), Kurnool 518 001 (AP),^CentralPower Distribution Company of Andhra Pradesh, 6-1-50, Mint Compound Hyderabad 500 063 (A.P.)

¶106

H.T. Sunanda K.P. Rao & Co., Chartered Accountant, rep. by, , W/o. Late H.T. Krishna Reddy, P.A.A., Alur Road, Opposite Power House, ADONI 518 301 (A.P.), Kurnool District.

¶107

Srinivasa Murthy, Sankara Reddy Associates, Chartered Accountant, K. 21-142-6, S.K.D. Colony, ADONI 518 301 (AP), Kurnool^District

¶108

One CC to Sri. K Rajanna, Advocate [OPUC]

¶109

One CC to Sri. G R Sudhakar, Advocate [OPUC]

¶110

One CC to Sri. K Viswanatha Reddy, Advocate [OPUC]

¶111

One CC to Sri Venkata Rama Rao Kota, SC for APSPDCL [OPUC]

¶112

¶113

THREE CD Copies

HIGH COURT

DATED:10/12/2024

ORDER

WP.No.26294of 2011

g 2! IAN 2025 I
^ . Current beciion . ^

¶120

DISPOSING OF THE WP WITHOUT COSTS

Private Accounting Collection & Contract Labour Union, v. Regional Provident Fund Commissioner-Ii

Case brief

What is this about?

What did the court decide?

Private Accounting Collection & Contract Labour Union, v. Regional Provident Fund Commissioner-Ii

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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