The Hon'ble The Chief Justice Satish Chandra Sharma
and
The Hon'ble Sri Justice A. Rajasheker Reddy
Writ Appeal No.1044 of 2007
Judgment: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present appeal is arising out of Order
dated 03.10.2007, passed by the learned Single Judge in
W.P.No.34985 of 1998.
2. The facts of the case reveal that a dispute arose in respect
of extending the benefit of Provident Fund to Hamalis working
under the appellant/Andhra Pradesh State Civil Supplies
Corporation Limited (for short 'the Corporation'). Respondent
No.1/Andhra Pradesh State Civil Supplies Corporation Limited Hamalis Union (for short 'the Union'), which is a registered Trade Union, submitted a letter on 02.08.1995, informing respondent No.3/Regional Provident Fund Commissioner, Andhra Pradesh, that the Corporation is engaging Hamalis in its godowns all over the Andhra Pradesh State and they are not being treated as employees for the purpose of enrollment to the membership of Provident Fund.
3. Respondent No.3/Regional Provident Fund Commissioner has passed an order dated 23.01.1998 and the order reveals that the Commissioner has held Hamalis engaged by the Corporation to be employees as defined under Section 2(f) of the Employees 2 Provident Fund and Miscellaneous Provisions Act, 1952 (for short 'the Act'). The order of the Commissioner in paragraph 57 makes it very clear that he has held the Hamalis to be employees and has directed the appellant/Corporation to enroll all such hamalis employed by the Corporation all over the State to the EPF membership.
4. A Writ Petition was preferred challenging the aforesaid order and the same was dismissed. While all this was going on, the Union, at the behest of which proceedings were initiated before the Commissioner, has entered into an agreement with the Corporation on 03.08.2009 and it has been resolved to restrict the claims of Employees Provident Fund Contribution for the Hamalis appointed with effect from 01.04.2006.
5. Learned counsel appearing for the Corporation has stated before this Court that it is not possible for employer or for the Union to enroll Hamalies engaged prior to the cut off date fixed in the agreement arrived at between the parties and the Commissioner is also not in a position to identify the Hamalis as there is no record in respect of Hamalis enrolled prior to 2006.
6. In view of the above, order dated 23.01.1998, passed by respondent No.3/Commissioner is modified to the extent that the appellant/Corporation shall extend the benefit of Provident Fund in respect of the Hamalis appointed with effect from 3 01.04.2006, by enrolling them to the scheme and by making necessary contribution as required under the Act.
7. With the aforesaid modification, Writ Appeal stands disposed of.
Consequently, Interlocutory Applications, pending if any, stand disposed of.
_______________________ Satish Chandra Sharma, CJ ____________________ A. Rajasheker Reddy, J 08.11.2021 lur