Allahabad High Court
U.P.S.R.T.C. vs State Of U.P. & Others on 1 November, 2018
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 18
Case :- WRIT - C No. - 17949 of 2002
Petitioner :- U.P.S.R.T.C.
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Samir Sharma
Counsel for Respondent :- C.S.C.,S. Chaturvedi
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Time and again, except seeking time nothing has been done in this matter. The matter was earlier restored in the month of August, 2018, it cannot be again restored to file and hence the submission of Sri S.K. Mishra-Advocate to restore this matter to file cannot be accepted as it is already restored.
2. Petitioner has challenged the order of recovery dated 19.10.2001 asking them to deposit an amount of Rs.2,20,447/- and has prayed for the following reliefs :
"i) a writ order or direction in the nature of certirari quashing the impugned notice dated 19.10.2001 as far as it directs recovery of interest amounting to Rs.2,20,477/- of the Corporation ( Annexure No. 2 to the writ petition).
ii) a writ order of direction in the nature of mandamus directing the respondents not to recover the amount of interest.
iii) a writ order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.
iv) award cost to the writ petition to the petitioner".
3. It is an admitted position of fact that the employees Provident Fund has not been deposited by the petitioner within the stipulated time.
4. It is submitted by learned Advocate is that the Corporation has been running into losses and due to which the progressive losses have mounted to almost Rupees 500 Crores. In addition to the aforesaid, the immediate liabilities of the Corporation on account of payment of Employees Provident Fund, Passenger Tax, L.I.C., Pension , Gratuity etc is more than Rupees 490 Crores. One of the main reasons for the above is the fact that almost 50% of the Corporation buses have become over age and fit for auction. Due to which the load factor ( i.e. number of passengers per operating bus) has gone down to less than 55% and the productivity per operative bus is less 240 km per day. The position of the operating fleet of the Corporation, the Corporation is earning appropriately Rupees 65 crores per month whereas it has to incurs a minimum expenditure of Rupees 70 Crores per month on account of wages, spare parts, diesel, buses taken on contract etc. In addition to the above, the Corporation needs another Rupees 10 Crores per month on account of additional tax.
5. At present there are approximately 49,000 employees including officers employed in the Corporation. It is pertinent to mention that the wage bill of the Corporation amounts to almost 45% of the total income. Similarly, out of the total income of the Corporation 25% is spent on diesel and 15% on buses taken on contract. In view of the aforementioned position that at present the total income of the Corporation cannot meet out the total expenditure and as such with a view to maintain the transport services through out the State. The priorities have to be adjusted so that the transport services are not affected adversely and the travelling public is not inconvenienced.
6. Under the provision of Section 6, 6A/6C of the Provident Fund and Misc. Provision Act, 1952 read with paragraphs 30 and 38 of the Employees Provident Fund Scheme 1952. The contribution payable by the employer - Corporation has to be paid to the fund within 15 days of the close of every month. As the Corporation was reeling under severe financial crises, hence there was some delay in making the deposits of the provident fund contribution by the Corporation for the period November 1998 uptill May 2000 with regard to the Faizabad region of the Corporation.
7. It is submitted that the interest upon the Corporation for late deposit of employees provident fund contribution could not have been levied. . On 6.11.2001 the Corporation produced all the receipts of the deposit of the Employees Provident Fund Contribution before respondent no. 2 indicating that the entire amount of arrears had been deposited by the Corporation.
8. The deposit was made but was belated. Just because the Corporation was running in loss, it could not have used or not deposited employees provident fund contribution for its own use. The imposition of interest is not at all illegal. Financial crises has never been considered to be toll for non deposit of the amount.
9. I find no merits in the petition, the petition is dismissed. Just because the respondent has not filed reply, it cannot be ground to allow the petition. The petitioner could deposit the amount after lapse of time. The late deposit was no ground for not paying the interest. The interest be deposited within 12 weeks from today.
Order Date :- 1.11.2018/Mukesh
