C.G. Dainik Vetan Bhogi Vs State of Chhattisgarh

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1

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2025:CGHC:51903

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 5285 of 2025

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1 - C.G. Dainik Vetan Bhogi Wrd, Karmchari Sangh Through Manoj Sona S/o Late Gopal Sona, Aged About 36 Years, Regional Coordinator, C.G. Dainik Vetan Bhogi, Wrd, Karmchari Sangh, R/o Shanti Nagar, Behind Ekta Hospita, And Raipur District Raipur (C.G.)

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Chief Secretary, Wrd, Shivnath Bhawan, North Block, Sector-19, Nawa Raipur, Atal Nagar (C.G.) 2 - Engineer In Chief Wrd, Shivnath Bhawan, North Block, Sector-19, Nawa Raipur, Atal Nagar (C.G.)

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3 - Chief Engineer Mahanadi Pariyojna, Wrd, Raipur District Raipur (C.G.)

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4 - Chief Engineer Godawari Kachhar, Wrd, Raipur District Raipur (C.G.)

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5 - Chief Engineer Minimata Bango (Hasdev) Pariyojna, Wrd, Bilaspur (C.G.)

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6 - Chief Engineer Minimta Bango (Hasdev) Kachhar Pariyojna, Wrd, Bilaspur (C.G.)

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7 - Regional Provident Fund Commissioner Employees Provident Fund Organization (Epfo), Block D, Seheme No. 32, Indira Gandhi Commercial Complex, Pandri, Raipur, Chhattisgarh 492004

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... Respondent(s)

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2

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For Petitioner(s) : Mr. K. P. S.Gandhi, Advocate For Respondent/State : Mr. Ajit Singh, G.A. For Respondent No. 7 : Mr. Sunil Pillai, Advocate

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Hon’ble Shri Justice Arvind Kumar Verma, Judge

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Order on Board

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17/10/2025

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With the consent of the parties, heard finally.

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The petitioner has filed this writ petition on the following reliefs:

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“10.1. That the Hon’ble Court may kindly be

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pleased to issue appropriate writ, order or direction directing the respondents to forthwith implement the circulars dated 22.11.2016 and 12.07.2017 and ensure compulsory coverage of all daily wage/causal employees of the Irrigation Department under the EPF Act, 1952.

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10.2 Direct the respondents to complete the process of registration of all eligible employees through the EPFO portal and extend to them all consequential statutory benefits with effect from their date of eligibility.

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10.3 Grant such other reliefs as this Hon’ble Court may deem fit in the interest of justice

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3

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and equity.”

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Learned counsel for the petitioner submits that the present petition is being filed against the inaction of the respondents whereby the respondent authorities not comply with statutory directive, government circulars regarding providing social security to the contract and daily wager worker employed in Government Department public undertaking urban bodies co-operative institution and institution run by Government under the Employees Provident Fund Act, 1952.

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On the other hand, learned counsel for respondent no. 7 contended that a letter dated 03.02.2017 on the subject Compliance under the EPF & MP Act 1952 in respect of the employees engaged by or through contractors was issued to Engineer-in-Chief Water Resources Department in view of the Campaign launched by the EPFO under the Employees’ Enrollment Campaign 2017 for all the employers as well as the Principal Employer to enroll any hitherto un-enrolled by alive worker by following the procedure as contained in the Campaign.

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During the course of argument, learned counsel for the petitioner contended that the Public Works Department has already implemented the circular dated 12.07.2017.

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Learned State counsel contended that government circulars dated 22.11.2016 and 12.07.2017 will be implemented by the Water Resources Department.

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I have heard learned counsel for the respective parties and

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perused the record with utmost circumspection.

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The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 is a Social Welfare Legislation enacted by the Parliament of India in furtherance of Directive Principles of State Policy given in the constitution. This special legislation provides for social security benefits in the form of Provident Fund, Insurance, and Pension benefits to the workers and their families in his old age, infirmities as well as in the case of their untimely demise. The employer of the establishment is required to remit the contributions along with the administrative charges within 15 days of the close of every month.

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Looking to the peculiar facts and circumstances of the case, grievance of the petitioner, keeping in mind the submission made by the respective counsels, respondent/ Water Resources Department is directed to implement the circulars dated 22.11.2016 (Annexure P/1) and 12.07.2017 (Annexure P/2) within 45 days from the date of receipt of copy of this order, subject to verification if not already implemented.

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With the aforesaid direction, the present petition is disposed of.

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Sd/-

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(Arvind Kumar Verma) JUDGE

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Madhurima

C.G. Dainik Vetan Bhogi v. State of Chhattisgarh

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C.G. Dainik Vetan Bhogi v. State of Chhattisgarh

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