Rajasthan High Court

Rajasthan Shiksha Karmi Board vs Assistant Provident Fund ... on 19 January, 2022

Bench: Mahendar Kumar Goyal

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 4613/2021

M/s Rajasthan Shiksha Karmi Board, Through Its Dy. Director,
Shiksha Sankul Premises, 5Th Floor, 5Th Block, J.L.N. Marg,
Jaipur.
                                                                    ----Petitioner
                                    Versus
Assistant Provident Fund Commissioner, Employees Provident
Fund      Organization,   Sub      Regional        Office,       Bhavishya   Nidhi
Bhawan, Vigyan Nagar, Kota.
                                                                  ----Respondent

Connected With S.B. Civil Writ Petition No. 8042/2020 Rajasthan Shiksha Karmi Board, Through Its Deputy Director, Shiksha Sankul Premises, 5Th Floor, 5Th Block, Jln Marg, Jaipur, Rajasthan.

----Petitioner Versus Assistant Provident Fund Commissioner (Damages), Employees Provident Fund Organization, Regional Office, Nidhi Bhawan, Jyoti Nagar, Jaipur, Rajasthan.

----Respondent S.B. Civil Writ Petition No. 8052/2020 Rajasthan Shiksha Karmi Board, Through Its Deputy Director, Shiksha Sankul Premises, 5Th Floor, 5Th Block, Jln Marg, Jaipur, Rajasthan.

----Petitioner Versus Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub Regional Office, Bhavishya Nidhi Bhawan, Vigyan Nagar, Kota, Rajasthan.

----Respondent S.B. Civil Writ Petition No. 12236/2020 Rajasthan Shiksha Karmi Board, Through Its Deputy Director, Shiksha Sankul Premises, Fifth Floor, Fifth Block, Jln Marg, Jaipur.

                                           (2 of 8)                     [CW-4613/2021]


                                                                      ----Petitioner
                                    Versus

Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Nidhi Bhawan, Jyoti Nagar, Jaipur (Rajasthan).

----Respondent S.B. Civil Writ Petition No. 12253/2020 Panchayat Samiti Sarada, Through Its Beeo, Sarada, Udaipur.

----Petitioner Versus Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub-Regional Office, Chitrakoot Nagar, Bhuwana, Udaipur

----Respondent S.B. Civil Writ Petition No. 12254/2020 M/s Panchayat Samiti Gadhi, Through Its Beeo, Tehsil Gadhi, District Banswara, Inside Diet Campus, Rajasthan.

----Petitioner Versus Assistant Provident Fund Commissioner (Dmg), Employees Provident Fund Organization, Sub-Regional Office, Chitrakoot Nagar, Bhuwana, Udaipur

----Respondent S.B. Civil Writ Petition No. 12274/2020 Rajasthan Shiksha Karmi Board, Through Its Deputy Director, Shiksha Sankul Premises, Fifth Floor, Fifth Block, Jln Marg, Jaipur.

----Petitioner Versus Assistant Provident Fund Commissioner (Dmg), Employees Provident Fund Organization, Sub-Regional Office, Chitrakoot Nagar, Bhuwana, Udaipur

----Respondent S.B. Civil Writ Petition No. 4614/2021 Rajasthan Shiksha Karmi Board, Through Its Secretary, Shiksha Sankul Premises, 5Th Floor, 5Th Block, J.l.n. Marg, Jaipur.

                                                                      ----Petitioner


                                           (3 of 8)                   [CW-4613/2021]


                                    Versus

Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub Regional Office, Nidhi Bhawan, Jyoti Nagar, Jaipur-302005.

----Respondent S.B. Civil Writ Petition No. 4615/2021 Rajasthan Shiksha Karmi Board, Through Its Deputy Director, Shiksha Sankul Premises, 5Th Floor, 5Th Block, J.l.n. Marg, Jaipur.

----Petitioner Versus Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub Regional Office, Bhavishya Nidhi Bhawan, Vigyan Nagar, Kota.

----Respondent S.B. Civil Writ Petition No. 4616/2021 M/s Panchayat Samiti Phalodi, Through Its Beeo Phalodi, Distt. Jodhpur And Deputy Director, Dr R K Shiksha Sankul, Jln Marg, Jaipur (Rajasthan)

----Petitioner Versus Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub Regional Office, 130, Paschim Pal Vistar Yojna, Jodhpur

----Respondent S.B. Civil Writ Petition No. 4617/2021 Rajasthan Shiksha Karmi Board, Through Its Dy. Director, Shiksha Sankul Premises, 5Th Floor, 5Th Block, J.l.n. Marg, Jaipur.

----Petitioner Versus Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub Regional Office, 130, Paschim Pal Vistar Yojna, Jodhpur (Raj.)

----Respondent S.B. Civil Writ Petition No. 4618/2021 Rajasthan Shiksha Karmi Board, Through Its Dy. Director,

(4 of 8) [CW-4613/2021]

Shiksha Sankul Premises, 5Th Floor, 5Th Block, J.l.n. Marg, Jaipur.

----Petitioner Versus Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub Regional Office, Nidhi Bhawan, Jyoti Nagar, Jaipur-302005.

----Respondent S.B. Civil Writ Petition No. 8031/2021 Rajasthan Shiksha Karmi Board, Through Its Deputy Director, Shiksha Sankul, Premises, 5Th Floor 5Th Block, J.l.n. Marg, Jaipur

----Petitioner Versus Employees Provident Fund Organization, Regional Office, Nidhi Bhawan, Jyoti Nagar, Jaipur Through Its Assistant Provident Fund Commissioner

----Respondent S.B. Civil Writ Petition No. 11950/2021 Rajasthan Shiksha Karmi Board, Through Its Deputy Director, Shiksha Sankul, Premises, 5Th Floor 5Th Block, J.l.n. Marg, Jaipur

----Petitioner Versus Assistant Provident Fund Commissioner, (Damages), Employees Provident Fund Organization, Regional Office, Nidhi Bhawan, Jyoti Nagar, Jaipur.

----Respondent S.B. Civil Writ Petition No. 11951/2021 Rajasthan Shiksha Karmi Board, Through Its Deputy Director, Shiksha Sankul, Premises, 5Th Floor 5Th Block, J.l.n. Marg, Jaipur

----Petitioner Versus Assistant Provident Fund Commissioner, (Damages), Employees Provident Fund Organization, Regional Office, Nidhi Bhawan, Jyoti Nagar, Jaipur.

                                          (5 of 8)                   [CW-4613/2021]


                                                                  ----Respondent

S.B. Civil Writ Petition No. 12059/2021 M/s Panchayat Samiti Sangod, District Kota, Through Its Deputy Director, Shiksha Sankul, Premises, 5Th Floor, 5Th Block, J.l.n. Marg, Jaipur

----Petitioner Versus Assistant Provident Fund Commissioner, Employees Provident Fund Organizatons, Sub-Regional Office, Bhavishya Nidhi Bhawan, Vigyan Nagar, Kota 324005

----Respondent S.B. Civil Writ Petition No. 12121/2021 M/s Rajasthan Shiksha Karmi Board, Lalsot, District Dausa, Through Its Deputy Director, Shiksha Sankul, Premises, 5Th Floor 5Th Block, J.l.n. Marg, Jaipur.

----Petitioner Versus Assistant Provident Fund Commissioner, Employees Provident Fund Organizations, Regional Office, Nidhi Bhawan, Jyoti Nagar, Jaipur.

----Respondent

For Petitioner(s) : Mr. Mohit Balwada through VC Mr. Lokendra Singh Shekhawat through VC For Respondent(s) : Mr. Deepak Goyal through VC

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

19/01/2022

Although, the matters come up on applications filed by the

respondents seeking vacation of ex parte interim order but, on the

joint request of learned counsels for the respective parties, the

writ petitions were heard finally at this stage on merit.

(6 of 8) [CW-4613/2021]

Since, all these writ petitions involve common facts and

common questions of law, the same are being heard and decided

together.

In all these writ petitions, the question involved is liability of

the petitioner-Board which is a non-commercial entity governed by

the State of Rajasthan and formulated for uplifting the educational

standard in the remote areas, to pay the penal damages under

Section 14 (B) and interest under Section 7-Q of the Employees

Provident Fund and Miscellaneous Provisions Act, 1952 (for brevity

"the Act of 1952"). Learned counsels submits that a Coordinate

Bench of this Court has, vide its order dated 07.08.2019 passed in

SB Civil Writ Petition No.1913/2016, Rajasthan Shiksha

Karmi Board versus Assistant Provident Fund Commissioner

and other connected matters involving identical controversy,

disposed of the writ petitions reducing the penal damages under

Section 14 (B) of the Act of 1952 in the light of judgment of

Hon'ble Apex Court of India in case of K. Streetlite Electric

Corporation Vs. Regional Provident Fund Commissioner,

Haryana, (2001) 4 Supreme Court Cases 449, to the extent of

50% maintaining the remaining part of the order passed by the

Assistant Provident Fund Commissioner. They submit that these

writ petitions may also be disposed of with similar directions.

Although, learned counsel for the respondent did not agree

with the proposition but, could not dispute that the judgment

dated 07.08.2019 was rendered in identical facts and

circumstances and that the department has accepted the aforesaid

judgment and did not appeal against the same.

In case of Rajasthan Shiksha Karmi Board (supra), this

Court has directed as under:-

(7 of 8) [CW-4613/2021]

"7. After hearing learned counsel for the parties and perusing the material available on record, this Court is of the view that in ordinary circumstances, this Court ought not to interfere in the activation of the welfare legislation which is the Act of 1952 in this case, however, looking to the peculiar facts and circumstances of the present case where the petitioner-Board is a non- commercial organization meant for welfare of the backward tribal areas and having no income of its own and also that it is fully owned, controlled and administered by the State Government and also looking to the fact that the liability under Section 7-A and 7-Q of the Act of 1952 has already been discharged by the petitioner, this Court is inclined to make limited intervention in the impugned order by reducing the damages awarded under Section 14-B of the Act of 1952 in terms of the precedent law laid down by the Apex Court in K. Streetlite Electric Corporation Vs. Regional Provident Fund Commissioner, Haryana (supra) holding that the respondents shall be entitled to recover 50% of the damages from the petitioner.

8. The writ petitions are disposed of in the terms as indicated above. All the pending applications including the stay applications in the respective writ petitions shall also stands disposed of."

Taking into consideration the contentions advanced by

learned counsels for the respective parties and the material on

(8 of 8) [CW-4613/2021]

record and since, the entire controversy involved herein is

identical as in the case of Rajasthan Shiksha Karmi Board

(supra) decided by this Court vide judgment dated 07.08.2019,

these writ petitions are also disposed of with the directions issued

therein. However, it has been brought to notice of the Court that

in some of the matters, entire liability stands satisfied. In such

cases, the petitioner would not be entitled for any refund of the

penal damages. In cases where liability under Section 7-Q of the

Act of 1952 has not been discharged, the petitioners would be