Central Information Commission
Mr. Bipin Kumar vs Employees Provident Fund Organisation on 19 March, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No.CIC/BS/A/2012/000156/2102
19 March 2013
Relevant Facts emerging from the Appeal:
Appellant : Mr. Bipin Kumar
C/o Late Bindeshwari Prasad,
Durja Chak, Budha Colony,
Sai Gali, Patna 01, Bihar
Respondent : CPIO & APFC
EPFO
Regional Office
Bhavishya Nidhi Bhawan,
R-Block, Road no. 6,
Patna-800001, Bihar
CPIO & RPFC
EPFO, Regional Office,
Vardan Commercial Complex
6th Floor, MIDC, Road 16
Wadala Estate
Thane - 400604 (Maharashtra)
RTI application filed on : 22/09/2011
PIO replied on : 03/01/2012
First appeal filed on : 05/11/2011
First Appellate Authority order : Not mentioned.
Second Appeal received on : 02/04/2012
Information sought:
"A complaint was filed at EPF Regional Office, Patna (by name of Shri P.C. Pati, RPFC-I & Shri S. K. Singh, RPFC(II) some months ago enclosing a list of more than 400 persons who had been engaged in Bihar by the company named Adecco Flexione Workforce solutions Private Limited, Jyoti Tower, 02nd Floor, Room no. 206, Near Central Bank, new Dak Bunglow Road, Patna, These workers variously called as Reliance Security Mitra, Reliance Maintenance Mitra etc. had been engaged in connection with the work of Reliance Next link Pvt. Ltd, 14th Floor, Biscomaun Tower, Gandhi Maidan, Patna. Alongwith the complaint had also been enclosed copies of invoices addressed to M/s Reliance Next Link Pvt. Ltd by its contractor M/s Adecco Flexione Workforce Solutions Pvt. Ltd against such work, none of these persons had, however, been granted provided fund or other benefits under the EPF & MP Act, 1952 by either of these companies.Page 1 of 3
Kindly furnish the following information regarding the action taken by the EPFO Regional Office, Patna and its officers against this blatant violation of the provisions of the EPF&MP Act 1952 by the above named companies:-
I- Whether the records of these companies have been inspected to find out if the complaint was true? Kindly furnish copies of the relevant inspection reports. II- Whether the responsible officials of these companies at Patna and at their respective head/corporate offices have been issued any show cause notices for their failure to deduct & deposit the provident fund contribution in respect of these 400 odd workers in Bihar? If yes, kindly furnish copies of the show cause notices issued to each of these companies. III- If the local officials of these companies have refused to produce their records for inspection, whether they and their superiors at their corporate/head offices have been prosecuted under the provisions of the EPF&MP Act 1952 and its three Schemes for non- production of records for inspection?
IV- Whether in the above for non-production of records the search and seizure powers have been exercised by the PF Inspectors of Patna office of EPFO to seize the records and documents which will show that these companies are major violators of the PF Law in respect of the local workers engaged by them in Bihar?
V- What is the name and designation of the officer/officers of EPF Regional office, Patna responsible for prosecution of the employers of these two companies who have blatantly defied the Provided Fund law of the country and deprived more than 400 workers in Bihar of their legitimate rights?
VI- Who is the disciplinary authority for the officer/officers referred to under point no. 4 above?
Period for which information asked for: From July 2011 till date."
Grounds for the Second Appeal:
The Public Information Officer and the Appellate Authority have failed to provide any information which was sought.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent Respondent: Mr. B K Sinha CPIO through VC (M: 09334111944) The appellant was given an opportunity to participate in the hearing, however, he is absent. The CPIO stated that an enforcement officer had visited M/s. Reliance Next Link Pvt. Ltd local office at Patna in connection with the appellant's RTI application dated 22/09/2011, however, the company informed that the PF contribution of their employees was being deposited by their head office at Mumbai and the same has been communicated to the appellant vide letter dated 03/01/2012. It is, however, seen from the records that the appellant has also sought information about M/s. Adecco Flexione Workforce Solutions Private Ltd, a service provider to M/s. Reliance Next Link Pvt. Ltd. The CPIO stated that he will depute an enforcement officer to the Patna office of M/s. Adecco Flexione Workforce Solutions Private Ltd and provide an appropriate reply to the appellant based on the information collected from them. He requested that a copy of the order should also be endorsed to the RPFC-I, EPFO, Mumbai-II, Thane Maharashtra for making enquiries at their end about both the companies.
Decision notice:Page 2 of 3
The Commission directs the CPIO, EPFO Patna/CPIO EPFO Mumbai-II to provide the information, as available on record, in response to the appellant's RTI application dated 22/09/2011 within 30 days from the date of receipt of this order.
The appeal is disposed of accordingly.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
BASANT SETH Information Commissioner (In any correspondence on this decision, mention the complete decision number.) (RM) Page 3 of 3