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2016 Supreme(Cal) 937

I.P.MUKERJI
Rupa & Co. – Appellant
Versus
Regional Provident Fund Commissioner West Bengal & Ors. – Respondent


Advocates Appeared:
For the Petitioners: Mr. Shyamal Sarkar, Mr. Rajesh Kr. Gupta, Mr. Meghajit Mukherjee
For the Respondents: Mr. Anil Kr. Gupta

JUDGMENT :

I.P. Mukerji, J.

The law is this. Under Section 2 (f) (i) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952,(the Act) read with Sections 1(3) (a) and (b), 2 (e) and 6 thereof, an employer, who gets his work done through contract labour, is liable to pay the provident fund dues of the employees of his contractor. There is no dispute that the writ petitioners (the writ petitioner) got their work done by entering into contracts with various contractors, which in the particular trade in which the writ petitioner is engaged, are known as "job workers". On 3rd April, 1998 and 6th April, 1998 summons were issued to them by the Provident Fund Authority under Section 7A of the said Act, to show cause why they should not pay the Provident Fund dues of their contractors.

2. The writ petitioner argued, through Mr. Sarkar, learned senior Advocate that their contractors were independent and were not subject to their supervision or control.

3. Amongst other points they argued that the work entrusted to the job workers was not done exclusively for them by those persons or organisations. They worked for many employers. Therefore, how could the writ petitioner be responsi

































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