PETITIONER:
M/S. LONGIA BIRI COMPANYTHROUGH MD. ZIRAZUDDIN
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT02/11/1995
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCALE (6)432
ACT
HEADNOTE
JUDGMENT
ORDER
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.