Employees' Provident Fund Organisation and Anr v. A.K.Sharma

ORDER 0/o

26.07.2013

¶1First issue considered by the Tribunal was whether the charge sheet issued to the respondent was with the approval of the competent authority, who we note is the Chairman, CBT, EPF (the Hon'ble Minister of State for Labour and Employment). Holding that it was not so and as a result Page 1 of3 '• ,• '•': .', Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. tt quashing the charge sheet, the second issued decided by the Tribunal is to the recommendations pertaining to the respondent at a DPC being kept in a sealed cover; and as a sequitur to the decision of the first issue, the Tribunal has directed the sealed cover to be opened and recommendations of the DPC to be implemented. But we find that the Tribunal did not look into the relevant record i.e. the files of the Employees' Provident Fund Commissioner and the Ministry of Labour and Employment.

¶2Accordingly, with consent of learned counsel for the parties the two •. writ petitions stand disposed of setting aside the impugned order dated August 26, 2011 together with the corrigendum dated October 11, 2011 disposing of OA No.3486/2010 as also the order dated March 07, 2011 disposing ofOA No.4212/2011.

¶3Both Original Applications are restored.

¶4The Tribunal shall, at the remanded stage, call for two files; being EPFO File No.Vig.VII(24) 2001 as also No.EPFO Vig.VII (24) 2001/3523. The file of Ministry of Labour and Employment No.C-11016/11/2008-SS-1 shall also be summoned. If any other relevant file would be necessary to be looked into, the same shall also be summoned and considered.

¶5The reason is that the petitioner contends that approval of the Competent Authority i.e. the Chairman, CBT, EPF i.e. the Hon'ble Minister of State of the Ministry of L·abour and Employment was obtained pertaining to the major penalty proceedings initiated against the respondent.

¶6The Tribunal would specifically look into the record to determine: (i) What was the nature of approval granted i.e. was it limited only to initiate the disciplinary proceedings; (ii) Whether approval of the charge sheet was accorded by the Hon'ble Minister acting in his capacity as the Chairman of Page 2 of3 ' _,.._ (0 CBT, EPF.

¶7Needless to state if the writ petitioner, impleaded as a respondent, before the Tribunal wants to place any other relevant file which would throw light on the subject: Whether the Competent Authority i.e. the Chairman CBT, EPF accorded approval to the charge sheet and the disciplinary proceedings, would be looked into by the Tribunal.

¶8The Tribunal would keep in mind the law declared by the Supreme Court in the decision dated April 06, 2011 inCA No.2958/2011, Chairman-cum-Managing Director o(Jndia Limited & Ors. Vs. Ananta Saha & Ors. Hopefully by the time the Tribunal decides, the decision of the Supreme Court which pertains to a matter relating to one B. V Gopinath, currently awaiting pronouncement of decision before the Supreme Court would be rendered and the same would also be considered by the Tribunal.

¶9Parties shall appear before the Registrar of the Tribunal on August 19, 2013 when the two Original Applications would be listed before the appropriate Bench of the Tribunal.

¶10No costs.

¶11DASTI. CM No.4565/2012 in W.P.(C) No.2107/2012 CM No.10304/2012 in W.P.(C) No.5023/2012 Dismissed as infructuous. J.

V. KAMESW AR RAO, J. JULY 26, 2013 mamta Page 3 of3 i :!

c( & 5 IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2107/2012 EMPLOYEES' PROVIDENT FUND ORGANISATION AND ANR ..... Petitioners Represented by: Ms.Apama Bhat, Advocate with Ms.Upasana Gamaik, Advocate versus A.K.SHARMA ..... Respondent Represented by: Mr.M.K.Bhardwaj, Advocate W.P.(C) 5023/2012 THE CHAIRMAN, CENTRAL BOARD OF TRUSTEES ..... Petitioners Ms.Apama Bhat, Advocate with Ms.Upasana Gamaik, Advocate Represented by: versus A.K. SHARMA ..... Respondent Represented by: Mr.M.K.Bhardwaj, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V. KAMESW AR RAO