LAW FOR ALL

whether the contractual employees of the Appellant­Company are entitled to provident fund benefits under the Pawan Hans Employees Provident Fund Trust Regulations or under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”) and the Employees’ Provident Fund Scheme, 1952 (“EPF Scheme”) framed thereunder. ? - yes We pass the following directions to effectuate the reliefs granted: (i) The interests of justice would be best subserved if the benefit of Provident Fund is provided to the members of the Respondent­Union, and other similarly situated contractual employees, from January 2017 when the Writ Petition was filed before the High Court. (ii) Respondent No.3 ­ the Regional Provident Fund Commissioner, Regional Office, Bhavishya Nidhi Bhawan, 341 Bandra (E), Mumbai is directed to determine and compute the amount to be deposited by the Company on the one hand, and the members of the Respondent­Union and other similar situated employees on the other hand. The computation would be required to be made for the past period i.e. January 2017 to December 2019; (iii) The Company shall be liable to pay Simple Interest @ 12% p.a. on the amount payable by it towards contribution of provident fund for the past period, i.e., 24 January 2017 to December 2019, as per Section 7Q of the EPF Act,1952 ; (iv) The statement of computation made by Respondent No.3 will be placed before this Court within a period of 12 weeks from the date of this Judgment, and thereafter the matter will be listed for issuance of necessary directions, so that the amount can be remitted from the deposit made before this Court, directly to the PF Trust; (v) The employees will be obligated to deposit their matching contribution for the past period i.e. January 2017 to December 2019, within a period of 12 weeks along with interest @ 6% p.a., after the contribution of the Company has been remitted to the PF Trust; (vi) With respect to the period from January 2020 onwards, the Company and the members of the Respondent­Union as also other similary situated employees, will make their respective contributions as per the PF Trust Regulations; (vii) The benefit shall not be extended to those employees who have superannuated, expired, resigned, or ceased 25 to be in the employment of the Company on the date of this Judgment ; (viii) We consider it appropriate to award Costs of Rs.5,00,000 (Rupees Five Lacs) to the RespondentUnion towards litigation expenses incurred in the High Court and in this Court. (ix) After the aforesaid amounts are disbursed, the balance amount lying deposited in this Court shall be refunded to the Appellant­Company.