WP(C) 2787/2008 BEFORE THE HON’BLE MR. JUSTICE B.K.SHARMA Heard Mr. B.K. Bhattacharjee, learned counsel for the petitioner s as well as Ms. R. Bora, learned CGSC. I have also heard Mr. B.C. Pathak, learn ed counsel representing the BSNL. The grievance raised in this writ petition is in respect of with drawal of contractual bills submitted by the petitioners on the purported ground of non-furnishing of the EPF registration number. In the affidavit-in-opposition, the stand of the respondent is t hat the bills have not been withdrawn on account of non-furnishing of EPF Accoun t number but have been withdrawn due to non-furnishing of the particulars of the labourers engaged by the petitioners. The course of action adopted by the respo ndents is stated to be as per the advise of their engaged counsel. It is the case of the petitioners that since no such stipulation was made in the NIT pursuant to which they have completed the works, the respon dents have not within the competence and jurisdiction and/or withdraw the bill a mount and that too as per the advise of their engaged counsel. Mr. Bhattacharjee , learned counsel for the petitioners has produced the circular letter No. BSNL/ CE-C/JP/3(215)/155 dated 21.1.2006, by which it was interalia stipulated thus: The applicability of EPF Act 1952 in various types of civil wor ks executed in BSNL is discussed below: 1. Applicability to contractors executing maintenance works - In BSNL maintenance works under two categories are being execute d. a) Maintenance works under A/R & M/O - These works are of small magnitude like painting of bldgs, minor repairs of fittings & fixtures etc. Thes e works are executed through the agencies by engaging casual labours on day to d ay basis. Since these workers are engaged for short duration and for execution o f small works they are engaging casual workers. Section 1.23 clause 2F of EPF Ac t, 1952 (Annexure-I Point (6)) deals with such cases and as per this section, su ch workers are out of persow of EPF Act, 1952. Agencies executing works under s uch category do not required EPF registration for remittance of any EPF from suc h casual workers. In view of above payment for maintenance works should not be s topped for want of details of remittance of EPF deposits to EPF authorities by s uch contractors. It is further submitted by Mr. Bhattacharjee, learned counsel fo r the petitioner that the petitioners being petty contractors, do not keep the p articulars of the labourers, who are only hired at the time of execution of the works. In view of the above, the writ petition is disposed of providing that the respondents shall clear the contractual bills of the petitioners and p ay the admissible amounts without insisting for EPF registration number and/or p articulars of the workers, the petitioner had engaged towards execution of the c ontractual works. Writ petition is disposed of.