A.P. State Civil Supplies ... vs The Civil Supplies Hamalies Union
2021 Latest Caselaw 3272 Tel

     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

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

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