1. Today, Deputy Director, Industrial Safety and Health, Nadiad has filed a report and Assistant Labour Commissioner and Government Labour Officer, Nadiad has filed another report.
2. The former report deals with the status regarding the contractors functioning in the respondent company and the non-compliance of the statutory provisions under the Factories Act. About 10 defects in compliance of the provisions under the Factories Act have been mentioned.
3. The said authority shall file report about the action being taken by it for the non-compliance/breach which has been noticed by it.
4. It is submitted that in certain cases prosecutions have been lodged. If that is so, then the details, about the proceedings initiated, the period as well as the alleged default for which the proceedings have been initiated, shall also be placed on record.
5. The said report also mentions that as of now, in respect of 150 workers represented by the petitioner union, three contractors i.e. Heliex Security and Consultancy Service (House keeping contractor), Heliex Security and Consultancy Service (Security service contractor) and Shivam Enterprise are operating. It would be for the petitioner Union to implead the said contractors as party respondents in the present proceedings.
6. However, without going into the technicality as to whether the said contractors are party or not, the P.F. authority shall, on or before the next date of hearing, file an affidavit stating as to whether the said contractors have started compliance or not.
7. The P.F. authority shall also ensure the compliance (if the compliance has yet not commenced) in respect of 150 workers engaged by the said contractors.
8. The learned counsel for respondent Nos. 7 and 8 has, on the basis of its affidavit, submitted that the said two contractors viz. Ashok D. Patel and Krishna Enterprise have already deposited the requisite amounts towards P.F. contribution of the persons engaged by them during the period when their contracts were in force, with the P.F. authority. It is also clarified that said amount has been deposited pursuant to the 7A proceedings. The P.F. authorities have acknowledged the said payment. Under the circumstances, the Assistant P.F. Commissioner shall ensure, on or before the next date, that the amount so deposited by present respondent Nos. 7 and 8 shall be transferred into a separate account of the P.F. Commissioner and shall be retained in such separate account as "No Lien Account". However, the said amount shall continue to earn interest in the same manner and at the same rate as in any other case, i.e. in accordance with the provisions under the P.F. Act and the Scheme and the said amount shall be along with accrued interest on the amount of P.F. contribution subsequently credited in the name of the concerned workers after requisite challen and/or list of workers is filed explaining the details as to in whose respect the amount has been deposited are crystalised by the P.F. Commissioner after hearing the representative of the workmen.
9. So far as the respondent No.9 is concerned, the said contractor has, on affidavit, declared that he was engaged in the establishment only by way of paper arrangement. It has been admitted that during the period when respondent No.9 was shown as contractor, any amount towards wages and P.F. were not paid by the said contractor. Under the circumstances, the stipulation made by Mr. Thakker, learned Advocate representing respondent No.5 company, which was recorded in para 7 of the order dated 23.01.2012, shall be complied. The learned counsel for respondent No.9 has submitted that so far as the respondent No.9 and the period during which the said contract subsisted, the proceedings under Section 7A have already culminated and the competent authority has held respondent No.5 company liable to make the payment. Under the circumstances, the respondent No.5, in view of the stipulation which is recorded in para 7 of the order, shall comply with the said stipulation unless any order has been passed by the Appellate Authority.
10. The respondent P.F. authority shall file, a composite affidavit giving entire picture of deduction, deposit and appropriation in the name of the concerned workers, on or before the next date of hearing.
11. So far as the second report by the Assistant Labour Commissioner is concerned, the learned counsel for the petitioner may, after going through the details mentioned in the report, inform the Court if any directions will be required or not.
12. Mr.
Mehta, learned counsel for the P.F. authority has submitted that Assistant Provident Fund Commissioner is present. It is clarified that the authorities who were directed to remain present as per the previous order dated 23.01.2012 will also remain present on 23rd February 2012.
(K.M.THAKER, J.) jani