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2017 Supreme(J&K) 1084
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
MOHAMMAD YAQOOB MIR, ALI MOHD. MAGREY, JJ.
Suheel Ahmad Bhat and Others – Appellants
Versus
Union of India and Others – Respondents
LPA Nos. 159, 160 of 2017
Decided On : 02-12-2017
Advocate Appeared:
For the Appellants : M.A. Qayoom, M.Y. Parray.
For the Respondents: Tahir Majid Shamsi, R.A. Khan.
Headnote:
Jammu and Kashmir Factories Act, 1957 - clause (f) of Sub-Section (1) of section 7 - Jammu and Kashmir Employees Provident Funds and Miscellaneous Provisions Act (EPF & MP) Act, 1961 - clause (b) of Sub-Section (3) of Section 1 - Order/Judgment - Judgment delivered - Court be pleased to command the respondents - These two Letters Patent Appeals are filed against the final order/Judgment for short impugned judgment, passed by the learned Single Bench in a bunch of writ petitions, being Nos. and Others, Writ Petitions, have been disposed of by a common judgment by extending ratio of judgment delivered by Single Bench passed in case titled Union of India and Others – Held, Government on one hand pays for the necessary cost social security he contractors for engaging these workers, but unscrupulous contractors do not pass same to the workers by failing to deposit same to the Provident Fund Organization and with intervention of the concern Ministry/agency awarding the work, it can be ensured all such construction workers do get their entitled social security benefits - Decision taken by respondents is well reasoned and social security oriented - Writ petitions with reference to claim projected have been well registered and on the basis of reply filed by both Central and State Government as also on basis of analyzing of provisions of the Act and the rules, we have reached to the conclusion writ Court has not erred in law and there is no legal infirmity in the Judgment impugned - Appeals are dismissed
JUDGMENT :
ALI MOHD. MAGREY, J.
1. These two Letters Patent Appeals are filed against the final order/Judgment dated 15th May, 2017, for short impugned judgment, passed by the learned Single Bench in a bunch of writ petitions, being Nos. OWP No. 389/2016 titled Suheel Ahmad Bhat and Others vs. Union of India and Others and OWP No. 151/2016 titled Abdul Majeed Bhat and Others vs. Union of India and Others, whereby the Writ Petitions, have been disposed of by a common judgment by extending the ratio of the judgment delivered by Single Bench on 10th March, 2017, passed in case titled Ghulam Mohammad Baldar and Others vs. Union of India and Others (OWP No. 254/2017). The writ petitions have been disposed of with the following directions:-
“Apparently, none of the petitioners/contractors have approached the competent Authority in terms of the provisions of the Employees Provident Funds Scheme, 1961, and instructions contained therein, therefore, the petitioners will be at liberty to approach the competent authority in terms of the Employees Provident Funds Scheme, 1961, and instructions contained therein, to seek exemption of a Class of employees. If such a request is made, the authority shall consider it on its main merits and decide the same expeditiously preferably within a period of four weeks from the date of receipt of copy of representation when placed along with this order. This will enable the petitioners/contractors to know their position viz-a-viz. the pending contracts and the ensuing contracts as well. Accordingly, all the writ petition, excepting OWP 113/2016, OWP No. 227/2016 and OWP No. 228/2016, which are segregated from the bunch of cases and kept on board for tomorrow, shall stand disposed of along with connected IAs in the above terms.”
2. It would be profitable to have the glance at the events leading to the filing of instant appeals.
BRIEF FACTS
3. Before adverting to the facts, it would be apt to mention that since both the appeals are an outcome of one single judgment and raise the similar issues for consideration, therefore, facts of both petitions are taken note of conjointly and both shall be governed by this single judgment.
4. The appellants had filed two writ petitions, OWP No. 389/2016 and 151/2016 with the following prayers:
“(i) Writ of Certiorari, quashing the following orders:
Circular dated 15.07.2015 (Annexure-A) Order No. 66546/Manual/77/E8 dated 06.11.2015 (Annexure-B), Order No. 66546/Manual/488/E8 dated 03.12.2015 (Annexure-E), Order No. 42551/Cir/BAI/967/E8 dated 07.12.2015, (Annexure-F), Order No. 80200/Policy/187/E8 dated 08.12.2015 (Annexure-G), Order No. 66546/Manual/ 495/E8 dated 31.12.2015 (Annexure-H), as the said circular and orders are bad, unconstitutional and not applicable to the petitioners.
(ii) Writ of Mandamus, this Hon'ble Court be pleased to command the respondents not to act upon the impugned circular and orders (Annexure A, B, E, F, G, H). The respondents be further commanded to allow the participation of the petitioners in the tender process without giving the provident fund code as prescribed in the impugned circular and orders.
(iii) Writ of Mandamus, this Hon'ble Court be pleased to command the respondents to allow the petitioners to continue their business as contractors in the respondent department without causing any hindrance or obstacle in any manner whatsoever so that the earning of livelihood by the petitioners is ensures.
(iv) The Hon'ble Court may pass any other writ, order or direction, which it deems just and proper under the facts and circumstances of the case in favour of the petitioners and against the respondents.”
5. The appellants are stated to be working as Military Engineering contractors with the respondents. The Ministry of Labour and Employment, Government of India, issued a circular dated 15th July, 2015, by virtue of which the Chief Secretaries of all
