IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3010 of 2010
VIKASH CHANDRA GUDDU BABA
Versus
THE STATE OF BIHAR & ORS
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10 7.12.2010 From the submissions it appears that after
filing of this public interest litigation, the authorities of
Employees Provident Fund, respondent no.4 have
initiated the required steps for assessing dues payable
by the employers to the employees engaged in cleaning
and maintaining Medical College and Hospitals at six
places in Bihar.
The employer is required to deposit not
only the employees’ contribution deducted from wages
but also its contribution to match such deduction both
for ESI and EPF. It is a statutory liability and cannot
be shifted on the plea advanced on behalf of the
contractors entrusted with the cleaning work that the
Hospital authorities have delayed in payment of
contractors’ dues. Learned counsel for the State has
submitted that payments to contractors cannot be made
unless they file certain returns and challans showing
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payment of ESI and EPF as per stipulation in the
contract agreement.
Technically, the stand of the State may be
correct but it is also entrusted with the duty to ensure
that the labourers and workers are not denied their
statutory rights. Hence, the money payable to the
contractors should be paid to the ESI and EPF
authorities as per demand and with due intimation to
the contractors so that remaining payments may be
easily made to the contractors without any delay. Such
steps must be taken without any delay and preferably
within six weeks from today. The list of workers as
available with the contractors should be furnished to
the Hospital authorities without any delay and such list
must be updated as and when new workers are engaged
or old workers are disengaged. Further progress in the
matter should be reported by the next date.
The exact amount of dues payable
towards ESI and EPF, if required, should be obtained
by the contractors and Hospitals from the authorities
concerned for meeting the statutory liability.
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Put up under the same heading after six
weeks.
(Shiva Kirti Singh, J.)
(Dr Ravi Ranjan, J.)
sk