O R D E R

14 th September 2023

The order dated 29 th September 2008 passed by the Regional Provident Fund Commissioner, Jamshedpur has been challenged in this writ petition.

2. By this order dated 29 th September 2008, the Regional Provident Fund Commissioner at Jamshedpur has passed an order under para 26B of the Employee Provident Fund Scheme, 1952 in a proceeding registered and titled as “Smt. Manju Roy Choudhury v. M/s Tata Steel Ltd.” .

3. The Regional Provident Fund Commissioner has held as under:

“Smt. Manju Roy Choudhary was getting monetary payment in the form of honorarium. The work done by her was the words of the establishment as has been elaborated earlier. The community Development and Social welfare Department is an integral part of the establishment M/s Tata Steel and the community Development Centre are in turn integral part of the Department, therefore having a clear cut nexus.

The payment received by the complainant although called honorarium was in fact remuneration for the physical and mental effort put in by her as is bane out by the copy of muster rolls submitted by the complainant for March, 2002. It is revealed that she was paid only for 28 days as she was on leave for 3 days.

The work being done by Smt. Roy Choudhary was done under the direction of the establishment and under its supervision and control to the extent supervision and control is possible having regard to the specialized nature of work of skill worked. Smt. Roy choudhary was Sewing Teacher and she worked for almost 36 years without, break, which implies that her work was satisfactory in order that she was allowed to work unhindered for so long. Payment in the form of honorarium, the fact that she was given leave for three days in March, 2002 and her transfer from Sonari Centre to Kitadih Centre suggests that the work was of such nature that a master servant (Employees) relationship existed.

Similarly having regards to the payment received by the complained it is detain that the relationship was that of a master and servant.

Moreover, Smt. Roy Choudhary used to work herself in Community Development Centre and there was no scope that she could have used the services of other to get the work done.

In view of the discussion above. I am of the opinion that Smt. Manju Roy Choudhary was an employee of M/s Tata Steel Ltd. since 1966 and therefore entitled to PF. Membership, from the date of her joining the establishment.

I, therefore, direct M/s Tata Steel Ltd. to extend P.F. membership to Smt. Manju Roy Choudhary from the date of joining and report compliance within 15 days of receipt of this order.”

4. Before a final decision as aforesaid was taken by the Regional Provident Fund Commissioner at Jamshedpur an enquiry was conducted into the complaint of Smt. Manju Roy Choudhury and a report dated 28 th June 2007 was prepared by the Enforcement Officers of EPF Organisation at Jamshedpur.

5. However, the report dated 28 th June 2007 vide Annexure-6 was not considered by the Regional Provident Fund Commissioner in the order dated 29 th September 2008 which is under challenge in the present proceeding.

6. Having regard to the report dated 28 th June 2007 which is a vital piece of evidence but was not considered by the Regional Provident Fund Commissioner at Jamshedpur, the order dated 29 th September 2008 is set aside.

7. The matter is remitted back for a fresh consideration by the Regional Provident Fund Commissioner at Jamshedpur.

(Shree Chandrashekhar, J.) (Anubha Rawat Choudhary, J.) Tanuj/