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Supreme Court - Daily Orders

Philips Employees Union General ... vs Regional Provident Fund Commissioner ... on 16 May, 2018

Bench: Arun Mishra, Uday Umesh Lalit

                                                          1


     ITEM NO.59                                 COURT NO.9                    SECTION IX

                                     S U P R E M E C O U R T O F       I N D I A
                                             RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                      No(s).     870/2017

     (Arising out of impugned final judgment and order dated 03-10-2016
     in WP No. 1645/2016 passed by the High Court Of Judicature At
     Bombay)

     PHILIPS EMPLOYEES UNION GENERAL SECRETARY                                 Petitioner(s)

                                                         VERSUS

     REGIONAL PROVIDENT FUND COMMISSIONER BHAVISHYA
     NIRVAHA NIDHI BHAVAN COMMISSIONER & ORS.                             Respondent(s)

     ( and IA No.24841/2018-I/A FOR PLACING ON RECORD DOCUMENTS                         )

     Date : 16-05-2018 This petition was called on for hearing today.

     CORAM :
                               HON'BLE MR. JUSTICE ARUN MISHRA
                               HON'BLE MR. JUSTICE UDAY UMESH LALIT


     For Petitioner(s)                   Ms. Aparna Bhat, Adv.
                                         Ms. Rajkumari Banju, AOR

     For Respondent(s)                   Mr. Piyush Choudhary, Adv.
                                         Mr. Smarhar Singh, Adv.
                                         Mr. Rahul Gupta, AOR

                                         Mr.   Anish Kapur, Adv.
                                         Ms.   Anuradha Dutt, Adv.
                                         Mr.   Dhritiman Roy, Adv.
                                         Mr.   Kunal Dutt, Adv.
                                         Ms.   B. Vijayalakshmi Menon, AOR



                                UPON hearing the counsel the Court made the following
                                                   O R D E R

Signature Not Verified The petitioner- Philips Employees’ Union (in short ‘the Digitally signed by NEELAM GULATI Date: 2018.05.17 Union’) has impugned the Order passed by the High Court declining 15:51:08 IST Reason:

to furnish the list of the employees holding that reliefs as prayed are in the nature of enquiry rather than infringement of any legal 2 right, as such writ petition was dismissed by the High Court. We have passed the following order on 16.01.2017:
“Though no case is made out to interfere on merits and to direct the Regional Provident Fund Commissioner to furnish the names of the petitioner Union, at the same time, it was submitted by Mr. Collin Gonsalves, the learned senior counsel appearing on behalf of the petitioner that at least the employer or Regional Provident Fund Commissioner be directed to start the process of verification of the employees whose dues are not deposited and to explore the way to that effect.
Issue notice to the respondent confined to aforesaid prayer.
Steps to issue notice be taken within 15 days. Notice be made returnable in six weeks.
Dasti, in addition, is permitted.” It is stated that the process is underway.
The order is made absolute.
Let the process as ordered be completed as far as possible within eight months. However, it is also stated that the company has furnished a list of the employees to the Union. The Union may take appropriate steps to help out the workers in claiming their dues. Accordingly, the special leave petition stands disposed of.
Pending application, if any, also stand disposed of.
(NEELAM GULATI)                                             (JAGDISH CHANDER)
COURT MASTER (SH)                                              BRANCH OFFICER