Madras High Court
Employees Provident Fund, Tamil Nadu ... vs The Regional Provident Fund ... on 29 August, 2002
Author: P.D. Dinakaran
Bench: P.D. Dinakaran
ORDER P.D. Dinakaran, J.
1. The petitioner seeks a writ of Certiorari to call for the records of the respondents pertaining to the order of the first respondent made in the proceedings NO.JCM/IR/2002/88236 dated 28.3.2002 and to quash the same.
2. The impugned order dated 28.3.2002 reads as follows:
"EMPLOYEES PROVIDENT FUND ORGANISATION (MINISTRY OF LABOUR, GOVT OF INDIA) HEAD OFFICE BHAVISHYA NIDHI BHAWAN 14, BHIKAJI GAMA PLACE NEW DELHI - 110 066.
No.JCM/IR/2002/88236 28 mar 2002 To The Director NATRSS The Incharge ZTIs The RPFCs incharge of all Region including RPFC (ASD) SUB: COLLECTION OF SUBSCRIPTION FEE FROM THE MEMBERS OF THE UNIONS AFFILIATED WITH ALL INDIA EPF STAFF FEBERATION (RECOGNISED) REGARDING:
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Sir, Your attention is drawn to this office circular JCM/11/(B)/98/Fed/Vol.V dated 16.1.2002 on the above subject forwarding therewith minutes of the meeting held on 7.1.2002 at Jaipur with representatives of the All India EPF Staff Federation.
2. In the Minutes - Item 1(b) it was decided that the subscription of members of the Union affiliated to the Federation will be Collected by the DDOs working in the Regional Office as well as SROs after the affiliated union furnish list of the members duly endorsing the consent of individual members to the respective DDO/RPFC. In a recent meeting with representatives of the Federation it has been informed by them that this decision has not yet been implemented in the Regional Offices.
3. You are therefore requested to instruct DDOs working in Regional as well as Sub-Regional Office to deduct the subscription from members Pay bill after the Union submits the list of their members along with the consent of the individual member duly endorsed by the Union. The consent of the member as well as endorsement by the Union may be obtained in the prescribed proforma enclosed herewith for information and necessary action. After the first month's collection the list of members along with subscription deducted from the pay bill may be disbursed to the Union after obtaining proper receipt. The money collected should be paid to the Union by cheque only.
4. The compliance of these instructions should be reported to Headquarters urgently so that the higher authorities appraised of the same.
Yours faithfully, Sd/-
(B.R.RATTAN) Regional P.F. Commissioner (HRD)"
3. However, the petitioner has made an endorsement seeking permission to withdraw the above writ petition. Permission granted. The writ petition is dismissed as withdrawn. No costs. Consequently, WPMP Nos.50306 and 50307 of 2002 are also dismissed.