Delhi High Court
S.F.T.B. Control Workers??? ... vs Delhi Tapedic Unmulan Samiti on 5 April, 2013
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No.1743/2012
% 5th April, 2013
S.F.T.B. CONTROL WORKERS' ASSOCIATION ...... Petitioner
Through: Mr. Vikram Saini and Ms. Vivya Nagpal,
Advocates.
VERSUS
DELHI TAPEDIC UNMULAN SAMITI ...... Respondent
Through: Ms. Sujata Kashyap and Mr. Bakul Jain,
Advocates for R-1.
Mr. Rishi Sehgal, Advocate for Mr. Amit
Khemka, Advocate for R-2.
Mr. K.P.Mavi, Advocate for R-3.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This writ petition is filed by the association of the workers of the
respondent no.1/employer/Delhi Tapedic Unmulan Samiti. In the writ petition, the
petitioner-association claims the benefit of implementation of the circular of the
respondent no.1 dated 6.5.2011 with respect to Employees Provident Fund benefits
and Employee State Insurance benefits. These benefits are given under the
Employees' Provident Funds Act and Scheme 1952 and Employees' State
WP(C) 1743/2012 Page 1 of 5
Insurance Act, 1948.
2. Counsel appearing for respondent no.1 does not dispute that with
effect from the date of this circular, the employees of the respondent no.1,
including those who are members of the petitioner-association, will be entitled to
the benefits of the Employees' Provident Funds Act, 1952 and the Employees'
State Insurance Act, 1948. What the counsel for the respondent no.1 contends is
that there is an issue pending with the Regional Provident Fund Commissioner and
the authority acting under the ESI Act, as to the date from which these Acts would
become applicable to the respondent no.1, inasmuch as, whereas the respondent
no.1 claims applicability will be from the date of the circular dated 6.5.2011,
however, the authorities under the said Acts contend that the Acts become
applicable of their own force once the requirements contained therein are satisfied.
3. On hearing counsel for the parties, it is not disputed before me by any
of them that w.e.f 6.5.2011, the benefits of the Provident Fund and Employees
State Insurance should flow to the employees of the respondent no.1. Therefore, to
the extent of the relief claimed of enforcement of the circular dated 6.5.2011 w.e.f
6.5.2011, it is ordered that the respondent no.1 will forthwith implement its
circular. For the purpose of implementation of this circular dated 6.5.2011, the
employees of the respondent no.1, including the members of the petitioner-
WP(C) 1743/2012 Page 2 of 5
association, are required to comply with various formalities under the Employees'
Provident Funds Act, 1952 and the Employees' State Insurance Act, 1948. These
are requirements, which will be specifically known to the concerned authorities
under the relevant Acts being the Employees' Provident Fund Act, 1952 and the
Employees State Insurance Act, 1948, I direct that the concerned authorities will
inform the respondent no.1 within a period of six weeks from today, as to what all
are the formalities which the employees of the respondent no.1 must comply with
so that the benefits under the Acts can flow to these employees. Within a period of
eight weeks thereafter, the members of the petitioner will comply with these
requirements by submitting the relevant documents or other compliances either
directly to the respondent no.1 or if so required to the authorities under the Acts, of
course, which will be as per law of the requirements of compliances either with the
authorities or to the respondent no.1. I clarify that the requirements will be
communicated by the respondent no.1 to its employees including the members of
the petitioner, by affixing of such requirements by means of
notifications/notices/circulars on the notice boards and all other relevant places in
the offices of the respondent no.1. If the compliances have to be made only to the
respondent no.1, the respondent no.1 will on each of the members of the petitioner
giving them the necessary documents and the compliances, take appropriate action
WP(C) 1743/2012 Page 3 of 5
thereupon including forwarding of these documents to the authorities under the
relevant Acts so that the authorities under the relevant Acts will process the same
for giving of the benefits to the members of the petitioner. It is further directed
that on the authorities under the relevant Acts, receiving the necessary
compliances, they shall expeditiously, and not later than six months from today
take the requisite action for giving of the benefits under these Acts to the
employees of the respondent no.1.
4. It is further clarified that for the present, application of the Acts are
made applicable w.e.f 6.5.2011, however, if the relevant authorities under the
aforesaid Acts pass orders which become final that the benefits of these Acts have
to be conferred to the employees of the respondent no.1 even prior to 6.5.2011,
then the respondent no.1 will give the benefits from such earlier dates to its
employees as directed by the orders of the aforesaid statutory authorities.
5. For the sake of clarification, it is noted that all the aforesaid
observations are to be read with the requirements of the relevant Acts and the rules
framed thereunder, and the Court is only directing compliances, either by the
employees of the respondent no.1 or by the relevant statutory authorities, only in
accordance with the applicable statutory provisions or guidelines.
WP(C) 1743/2012 Page 4 of 5
6. The writ petition is allowed and disposed of in terms of the aforesaid
observations.
APRIL 05, 2013 VALMIKI J. MEHTA, J.
ib
