.•. Sr. Nc bate ,.,, /'0 Orders + Pn:senl: .:\.-1r.V.Shekhar for lhe appellant. * I SALES 02-03 Mr.Jitendra Sethi for respondents 1 & 2. 1\rlr.RC.Chawla for respondenl-RPFC. 1\lf..r.SJ{.Bhaduri for Calcutta Workers Union. T P'A "'- ........ 2 '200" L 1'\iO.J/ I .:> ·. . . .if 'l11e 1nain dispute In the writ petition ; . concerns the respondents 1 & 2 on the one hand and respondenl No.5 on lhe olher. Unforlunalely, lhe sulierers are lhe workers of lhe respondenl No.2. The respondcnl No.5 wanls an audil of lhe records of rcspondenl No. 1 & 2 rclaling lo lhe providenl fund dues lying in lhe cuslody of respondenl No.1, which adlnlttedly are payabie to the worlunen. The appellants being lhe regislered lrdde unions of lhe en1ployees of respondent No.2 had flied lhe presenl appeai being aggrieved by the adjoununent granted In lhe wril pelilion of by lhe learned Single Judge. Case of lhe appellanl is lhal lhe workers are being unnecessarily deprived lhe benelll of lheir providcnl fund ilsclf, which in any case are payable lo liH::rn. Digitally Signed By:AMULYA Signature Not Verified .. Sr. NQ. Date SALES 02-03 Orders On 24.9.2003 we had heard the parties and the co w1sel representing the worktnen a-:; well as the respondent No.5 agreed lhal a cornmHlee consisl.ing of one represenlalive each of respondent .Nos.l. 2 & 5 along-with the two Advocates na.rnely Sh.S.K . .Dhadurl and .Mr.Sidharth Gauta.rn representing the workers would on Saturday 27tl'1 2003 Lo decide the mode and modality of making payment to the employees. pending delerminalion of lhc issues raised in the writ petilion before lhe learned Single Judge. 'l11e conunittee .tnet on 27.9.2003. Hepo.rt has been Hled which is taken on record. The agreed procedure for the PF disbursement is contained in Lhe report. 'l11e san1e Is a.s under:- "' (ij Detailed employees lists are to be llled in the Delhi F.Jgh Court with copy to be sent to HPFC Kolkata giving the P.F. disburse1nent amount payable against each beneficiary. {ilJ Tne TrusL through its Chainnan shall Ille an affidavit before the Delhi F.Jgh Court to the effect lhal lhe lisls submilted vide counter Affidavit in LPA Xo.372 of 2003 giving lhe names of Lhe employees to whom the Trust proposed to .. h }I_' ·'· .. Sr. Date SHYAIUI SALES 02-03 Orders disburse lhe arnounl of Providenl Fund is authentic. (ill) 'l11e Cmnpany through its Chalnnan shall file an undertaking in the Del.b...i High Court that if pay1nent made to a particular employee is found to be in excess, the Company underta.l{.es to recover the sa1ne. the Cmnpany would reimburse the said amount to the Trust. Also if '. the balance amount in the Trusl after . disbursemenl of amount in question is less U1an thP a..111ount required to be paid to other ernployees, lhe shortfall will be made good by the Company. This is to ensure that the interest of th.e all olher employees is protected. (iv) Disburse1nenllist lo be submitted from Lime to time to Central Bank of India, Nepean Sea .Road Branch. Murnbal wi1enever discharge vouchers for 50 employees are in hand or once a fortnight if nurnber is below 50, giving bank account details as furn.ished by e1nployees 1n the discharge voucher. so as to enable the Central Bank of India to effect direct credit of the arnounls lo lhe bank accounts of lhe said , ,, . . Dt:IlCllCiariCS. (vj Ct:nlrdl Bank of India, Nepean Sea Road Bn:u1.ch. Mu1nbai \.\riJl cmnpare \.Vhether the arnount tallies with the lists and In tenns Lhcreof inlirnale Reserve Bank of India regarding the relev2.nt pay1.nent details the Special Deposit Schen1e Account with the anwunt and handling charges from ti.me to time and arrange lo ha vc Lhe Dun and DrdfliPay Order- Bankers mailt>:d by Regisrered Post to the banks of lhc beneficiaries specified in Lhc Discharge Vouchers for credit ro their I3aP..k ensuring that LhL: a1nounls are crediled lo Lhe bcndkiary's ar:counr onlv. -· • ·'h • j' I . .: ; .. Sr. No. ·oate SHY I'M SALES 02-03 Orders (vij The Trusl shall also inform the concemed beneficia...,.,_{ that the P.F.ru.11ount has been remilled for credil lo his Bank accounl by Registered Post. (viiij Ulili.zation CerWlcale lo be obtained every nvo 1nonths frmn the Central Ba...11.k and filed in the Delhi Hlgh Court with a copy to the HPFC. 1\olkata. Along the bank Utilization . Ccrtillca les lhe tlet ailed. list of employees lo whom disbursements have been effect in terms of lhe Utilization Certificate would be furnished and filed in lhe Delhi High Courl ""'ilh copy lo HPFC, !\olkata." Today in Courl on behalf of respontlenls 1 & 2 an alTidaviL has been llled which is sworn by :vrr.Vinod Krishna Chainnan of respondent No.1 annexed therewith as Annexure H.-1 to H.-4 Is a list containing U1e names of employees showing lhe PF amount payable to them as on September, 2003. Counsel agreed lhal lhe said. lisl has been duly verilled by the respective w1lons and the na.tnes therein are accepted. In accordance wilh lhc procedure for lhe disburseme:.:nt as agreed in the minutes of lhe meeting dated 27t..., September, 2003, we order for disbursement Sr. ·oate Orders of amounl which is lying wilh llie Trusl. Acconling lo llie counsel for lhe Trusl an amounl of 15.99 crores is lying in lhe account of the Trusl oul of which Rs.l3.46 crores is lobe disbursed lo lhe ernployees whose names find rnenlioned i:r;1 Annexure R-1 to R-4. 'l11e balance a.rnount would rernain in lhe Trust for lhe workers who conlinue lobe an e.rnploy.tnent. Tne above order is passed by consen l of lhe parties. It Is agreed to by the parties that tills order would nol corne in lhe way of Lhe respondenl No.5 seeking information from lhe Trust and lhe Trusl would be bound lo supply Lhe soughl for by respondent No.5. The order would be· without prejudice lo Lhc righls and conlenlions of lhe parlies in the wtil pdHion and would be subjecl lo any llnal orders ·which .rnay be passed In the writ petition. lt Is. further darilled lhal lhis consenl order would nul be conslrued as if the respondent No.5 has accepted lhe figures as provided by the respondent No.1. C:!.iRI SALES 02-03 Sr. No. 'oate . I Orders The order has been passed wlth the consent of Uu: parlies because all agreed llial ·me workmen have lo gel lhdr clues of lhe providenl fund, which already have been delayed to then1 and whatever ha-s · been agreed to. should be I.mpletnented. A copy of lhis order be given Lo lhe counsel for lhe parlies forlhwilli. Copy of lhis order be also sent by the Registry to the Public Accounts Deparlmenl, Reserve Bank of India as well as lo lhe Cenlral Bank of India for compliance. 'l11e pay1:nents rnust be disbursed within two weeks from loday. Wilh li1e iliredions aforesaid, llie , J , , "' ., r appe::u sLanus wsposeu 01. SEP'fF.lVfBTt:R 29, 2003 sb USHA MEl IRA, J .- PRADEEP NA.c,\iTIRAJOG, J. • ,' i ;II ·'· )/