Jharkhand Education Project & Anr vs The Employees Provident Fund ...
2022 Latest Caselaw 2460 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           [Civil Writ Jurisdiction]
                           W.P.(C) No. 2298 of 2020
       Jharkhand Education Project & Anr.                               .... .. ... Petitioner(s)
                                      Versus
       The Employees Provident Fund Organization & Ors..
                                                                        .. ... ... Respondent(s)
                                       ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........

       For the Petitioners                     : Mr. Krishna Murari, Advocate
       For the respondent(s)/UOI               : Mr. Prashant Pallav, ASGI
       For the State                           : Mr. Mukul Kr. Singh, AC to GP-III
                                                 ......

06/ 06.07.2022. Mr. Krishna Murari, learned counsel appearing for the petitioners has submitted, that petitioners- Jharkhand Education Project through its Upper District Program Officer, Deoghar along with Jharkhand Education Project Council through its Director has preferred the instant Writ Petition with regard to application of Employees' Provident Funds and Miscellaneous Provision Act, 1952 in the State of Jharkhand to the extent of Para-Teachers who have been working on contractual basis in a Central Government Project of 'Sarv Sikhsha Abhiyan'.

Mr. Krishna Murari, learned counsel appearing for the petitioner has further submitted, that Annexure-5 has been issued by the Jharkhand Education Project Council to the Regional Provident Fund Commissioner, Ranchi, with regard to all these issues that if these are applicable, it has to be applicable to all the States and apart from that order has never been passed with regard to Section 7A of the said Act, 1952 before passing the demand with regard to which notice has been issued on 09.01.2019 and the order has been passed subsequently under Section 7-A of the said Act, 1952 on 05.02.2019.

Mr. Krishna Murari, learned counsel appearing for the petitioner has further submitted, that analogous matter came up before this Hon'ble Court was dismissed and thereafter L.P. A. No.65 of 2020 along with L.P.A. No.66 of 2020 have been preferred by the Jharkhand Education Project, was allowed by the Division Bench of this Court, considering that no adjudication on fact even by the Assistant Provident Fund Commissioner has been arrived to a conclusion that Jharkhand Education Project Council is liable under the provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 as such, the notice issued on 09.01.2019 as well as the order issued under Section 7A of the said Act, 1952 dated 05.02.2019 and subsequent consequential order of attachment issued by the Respondent(s) are without any jurisdiction as well as the attachment order is without any jurisdiction.

Mr. Prashant Pallav, learned ASGI appearing for the Union of India has submitted that some time may be granted so as to file counter-affidavit on

behalf of the Union of India as well as by the EPFO separately in detail so as to assist this Court on the averment made in the instant Writ Petition.

Mr. Prashant Pallav appearing for the Union of India as well as EPFO has further submitted, that judgment passed by the Apex Court in the case of Officer-in- Charge, Sub-Regional Provident Fund Office and Anr. vs. Godavari Garments Limited, reported in 2019(8) SCC 149 is relevant in the facts and circumstances of the instant case.

Put up this case on 29.07.2022.

In the meantime, parties are directed to exchange their pleadings. However, the attachment made by the respondents of the account of the petitioner shall be considered on the next date.

(Kailash Prasad Deo, J.) Sandeep/