Calcutta High Court (Appellete Side)
Mr. Arani Mukhopadhyay vs Employees Provident Fund Organisation ... on 22 November, 2018
Author: Arindam Sinha
Bench: Arindam Sinha
1
22.11.2018
[05]
Suman
Ct. 04
WP 15262 (W) of 2018
Mr. Arani Mukhopadhyay
Vs.
Employees Provident Fund Organisation & Ors.
Mr. Arunava Ghosh
Ms. Atasi Ghosh
Mr. Ajitesh Pandey
Md. Z. Rauf
...for the petitioner
Mr. S. R. Saha
...for respondent nos. 6 to 7
Mr. S. C. Prasad ....for respondent nos.1 to 5 This writ petition has been listed under heading 'To Be Mentioned'; citing urgency.
Mr. Ghosh, learned advocate appears on behalf of petitioner who was a worker with The Statesman. There was settlement by which his employer paid him his wages till date of his retirement in year 2006. He refers to definitions clause (rr) in section 2 of Industrial Disputes Act, 1947 to demonstrate wages does not include any contribution paid or payable by employer to, inter alia, Provident Fund. Referring to definitions 2 clause (b) in section 2 of Employees' Provident Fund and Miscellaneous Provisions Act, 1952 he submits, basic wages is essentially the cash payable to an employee. Applying definitions meaning of basic wages to provisions in section 6 of Act of 1952, he submits, his employer is liable to pay further, employer's contribution on payment of wages already made to his client, from year 1999 to year 2006.
Mr. Saha, learned advocate appears on behalf of the employer and seeks adjournment to obtain instructions and submit.
List on 4th December, 2018 under heading 'To Be Mentioned'.
(Arindam Sinha, J.)