IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

APPELLATE SIDE

Present:

The Hon’ble Justice Shampa Dutt (Paul)

WPA 22479 of 2012

The West Bengal Power Development Corporation Limited

Vs

Union of India & Ors.

For the Petitioner : Mr. Ranjay De, Sr. Adv.

Mr. B. Banerjee,

Mr. A.A. Bose.

For the P.F. Authority : Mr. Shiv Chandra Prasad.

For the WBSEDCL : Mr. Sujit Sankar Koley.

Hearing concluded on : 29.07.2025 Judgment on : 08.08.2025

Shampa Dutt (Paul), J.:

1. The writ application has been preferred challenging the order dated

09.08.2012 passed by the Regional Provident Fund Commissioner - II.

2. It appears that the said order has been passed under Section 7A, 7B,

and 14B of the EPF Act. It appears that though the said order is an

appealable order, the writ application was admitted for hearing.

3. Being a writ application of the year 2012 redirecting the petitioner to

the Tribunal to prefer an appeal is not a feasible alternative remedy

and, as such, the writ application has been taken up for hearing on merit.

4. The petitioner‟s case is that Messrs. Development Building Construction was awarded job contract with regard to the breaking of over-sized coal and associate cleaning job on rate contract basis for a period of one year at Saltaldih Thermal Power Station vide Memo. No. STPS/Pur/CMP(M)/Job contract/1266/1416 dated 24.11.1992 by the then General Manager, Santaldih Power Station, West Bengal State Electricity Board.

5. That Clause “O” of the other terms of the order states that this is purely a job contract between M/s. Development Building Construction and West Bengal State Electricity Board.

6. That vide Memo. No. 558/Power/IV/dated 28th June, 2001, Government of West Bengal, Department of Power issued a Notification wherein it was recommended and decided that the Thermal Power Station under the control of West Bengal State Electricity Board is placed under one umbrella and all power generation station, viz. BTPS and STPS will come under the generating company, namely, West Bengal Power Development Corporation Ltd., with effect from 1^st April, 2001.

7. By virtue of the said notification the Santaldih Thermal Power Station was taken over by the petitioner company in terms of Clause 4(a) of the said Notification. It has been mentioned that with effect from the appointed day all contracts relating to construction, extension and repairs, renovation and modernization work shall be deemed to have entered into by West Bengal Power Development Corporation Ltd. and all rights and obligations arising out of such contract shall devolve upon the petitioner company. Clause 4(b) of the said Notification provides that all suits, cases or arbitration proceedings pending in any Court or any Arbitration relating to BTPS and STPS against the West Bengal State Electricity Board shall with effect from the date of this Notification, be deemed to have been instituted against the petitioner company shall be substituted in place of West Bengal State Electricity Board.

8. The order issued to M/s. Development Building Construction in the year 1992 was extended from time to time by West Bengal State Electricity Board and the said agency continued with the said job even after taking over of Santaldih Thermal Power Station by the management of the petitioner company.

9. The order under challenge dated 09.08.2012 decided the case against the petitioner herein and directed payment under the relevant provisions of law in respect of the 66 employees of the contractor for the assessment period.

10. The petitioner‟s contention is that having taken over the establishment of WBSEDCL with the notification dated 28^th June, 2001, and as such the petitioner submits that the petitioner company is only liable for the period from 28^th June, 2001 to 08/2001.

11. It appears that the period of default in the present case is from

03/1991 to 08/2001. It is thus stated by the petitioner that the period from 03/1991 to 28th June, 2001, the erstwhile WBSEDCL is the establishment which is