Madhya Pradesh High Court
Union Of India vs Smt.Sujata Bapat on 22 February, 2018
1
THE HIGH COURT OF MADHYA PRADESH
WA-777-2012
(UNION OF INDIAVersus SMT.SUJATA BAPAT & OTHERS )
Gwalior, Dated : 22.02.2018
Shri Vivek Khedkar, learned counsel for the
appellant.
Shri Naval Kumar Gupta, learned counsel for
respondents No 1 to 12.
Shri Praveen Newaskar, learned Government Advocate for the respondents No. 13 to 16/State. Shri R.K. Goyal, learned counsel for the respondent No. 20.
This Appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, at the instant of Union of India is directed against the order dated 21.02.2012 passed in Writ Petition (S) No. 257/2003. The Writ Petition was filed by the employees working in Family Planning Association of India, a Society registered under the Societies Registration Act 1860, seeking direction for payment of salary in accordance with Fifth Pay Commission. The petition was disposed of in the following terms:
"7. In such circumstances, in my opinion, the petitioners are entitled to get the benefit of Fifth Pay Commission w.e.f. 01.01.1996 in accordance with the letter dated 19.02.2010, Annexure-A. When the Union of India has taken the responsibility 2 to reimburse 100% expenses of the Centres, then, the Centres are also entitled to get the matching contribution of its employees towards E.P.F. scheme in regard to Provident Fund Contribution, hence, the impugned orders, Annexure P-1, P-2, and P- 3 are contrary to law.
8. Consequently, the petition of the petitioners is hereby allowed. The impugned orders, Annexure P-1, P-2 and P-3 are hereby quashed. Respondents No.1, 2 and 5 are directed to make payment of salary to the petitioners in accordance with the Fifth Pay Commission w.e.f. 01.01.1996. Arrears thereof be also paid to the petitioners. Respondent no.1 shall reimburse the amount to the State Government, which is to be paid to the petitioners in accordance with the aforesaid direction. Respondent No.1 shall not include amount in the grant-in-aid which is to be paid against the matching contribution towards E.P.F. of petitioners' salary. The order be complied with within a period of two months from the date of receipt of a copy of this order. Looking to the facts of the case, there shall be no order as to costs."
The grievance raised on behalf of the Union of India is that though for the Salaries of employees in organization like Family Planning Association of India, the expenditure is meted out by the Central Government. However, as regard to the contribution towards Employees Provident Fund, it is urged that, it is the employer i.e. the Family Planning Association of India is liable under the provision of Employees' Provident Fund and Miscellaneous Provisions Act 3 1952 to contribute toward Employees Provident Fund and for that, the Central Government is not liable to compensate. It is, however, submitted that subsequent to order passed in the Writ Petition, the employer Family Planning Association of India has deposited Rs. 28,27,773/- in the employees EPF A/c No. MP/Gwl/0010759 vide DD No. 011943 dated 29.03.2017.
In view whereof, as the contribution toward Employees' Provident Fund is already meted out by the employer i.e. Family Planning Association of India; and since respondents are the employees of the Family Planning Association of India and not of Central Government, the direction to the Central Government to contribute towards Employees' Provident Fund cannot be allowed to sustain. The impugned order dated 21.02.2012 passed in W.P. No. 257/2003 is modified to the said extent.
Writ Appeal is finally disposed of in above terms. No costs.
(Sanjay Yadav) (Ashok Kumar Joshi)
Judge Judge
Aman
Digitally signed by AMAN TIWARI
Date: 2018.02.23 18:46:11 -08'00'