“It is respectfully submitted that, in any event, the Corporation is forced to make contributions of these abkari workers under the EPF Scheme for the period from 2009 upto their superannuation, the period which is covered under welfare Fund Scheme, would result in double payment under two schemes. This will create a situation where the Corporation has to bear double expenses under two schemes in a highly illegal manner. On the other hand, the above abkari workers would be drawing two benefits in an illegal manner, contrary to the legal mandates of the above welfare fund schemes. Hence necessary precautions and safeguards are to be enforced to safeguard the interest of the corporation from making double payments under two schemes. Hence the abkari works, including the petitioner, may tender an undertaking to the effect that they will make payments towards, employers and employees contributions under EPF scheme, with other charges and interest, in case the determinations made by EPF authorities are upheld by the respective courts/tribunal for the period from December, 2009 till retirement of an employee, which is covered by the welfare fund scheme. If such an undertaking is given by the petitioner, Form No. 19 in respect of the petitioner will be forwarded to the 2nd respondent without any further delay. It is submitted that the amounts thus paid by the abkari workers/ employees will get refunded to such abkari workers and employees”.
