IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11592 of 2006 Bharat Sanchar Nigam Limited, through the Telecom District Manager, Khagaria, District-Khagaria, Bihar … ….Petitioner Versus The Assistant Provident Fund Commissioner, Sub- Regional Office, Adampur Chowk, District Bhagalpur.. … Respondent ………….. For the Petitioner : Mr. J.P. Karn, Sr. Advocate For the Respondent : Mr. R.S. Pradhan, Sr. Advocate ----------- 3 26.07.2011 Heard learned counsel for the petitioner and the sole respondent. It is stated that the petitioner had entered into agreement with the concerned contractor for performing certain works. However, the Provident Fund Authority proceeded on the basis as if by those contracts the Bharat Sanchar Nigam Limited neither purchased any goods nor obtained any services instead obtained supply of labourers and has, accordingly, held that it was the principal employer of those labourers and proceeded to recover provident fund due on account of their engagement. Learned counsel for the petitioner drew attention of this Court towards Annexure 3, which is an order passed by a learned single Judge of this Court. 2 Upon consideration of the aforesaid materials on record, the matter was remitted back to the Provident Fund Authority after quashing the impugned order to consider the purport of each of those contracts for the purposes of ascertaining as to whether the same has been entered into for the purpose of obtaining supply of labourers, the exercise to be completed within one month from that day. Learned counsel submits that this case is also on similar footing and is squarely covered by the aforesaid order. Both parties agree that this writ application can also be disposed of in terms of the order dated 30th of March, 2006 passed in C.W.J.C No. 962 of 2006. C.W.J.C. No.11877 of 2006 was also disposed of on similar terms. As a result, this writ application is being disposed of in terms of the order dated 30th of March, 2006 passed in C.W.J.C. No. 962 of 2006, as contained in Annexure 3. The relevant direction given in the order dated 30th of March, 2006 is quoted as under: “In the event he is of the view that those were to obtain supply of labourers, he shall intimate the same to the petitioner whereupon 3 the petitioner shall discharge its obligations in relation to the labourers engaged through those contractors in terms of the Contract Labour (Regulation & Abolition) Act, 1970 read with the Employees Provident Fund Scheme, 1952 within a period of two months therefrom and thereafter the final assessment order shall be passed and, if anything is refundable to the petitioner, the same shall be refunded to the petitioner within 15 days thereafter and, if the petitioner is liable to pay anything more on that account, the petitioner shall also pay the same within the aforesaid fifteen days. In the event it is held that those contracts were to obtain supply of goods or services, within 15 days therefrom the money belonging to the Bharat Sanchar Nigam Limited recovered by the Provident Fund authority from its Banker shall be remitted back either to the Banker of the Bharat Sanchar Nigam Ltd. or to the Bharat Sanchar Nigam Ltd. directly.” Accordingly, the order as contained in Annexure 2 is quashed. Let the Authority concerned ascertain as to whether the contract has been entered into for the purpose of obtaining supply of goods of services or to be done within two months from today in terms of the order dated 30.03.2006 passed in C.W.J.C. No. 962 4 of 2006. This disposes of the writ petition. Sanjay-II ( Dr. Ravi Ranjan, J.)