Legal Cell

SUB: Writ petitions on higher wages- Copy of PPOs – Request-Reg

Ref: Uo No.CB/SLM/Legal/WPs/2019 dated 4.1.2019

------------------------

Please refer to the reference on the subject matter.

In this regard, pension section is requesed to furnish the copy of Pension payment order in resepct of

20 pensioners to prepara parawise comments. The pensioners PF Account Nos. are available in the reference letter.

SECTION SUPERVISOR(LEGAL)

To

The Section Supervisor

Pension Section
 Legal Cell

SUB: RTI Act,2005- Information furnished- Reg

Ref: Application of Sri.Parveen Kohli dated 31.1.2019

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Please refer to the reference on the subject matter.

It is informed that the following twenty cases are filed by ex employees of M/s.Tamil Nadu Cooperative

Textiles, Processing Mills Ltd., Erode before the Hon’ble High Court of Madras for Higher wages Pension benefits.

1. WP No.32035/2019 11.WP No.32048/2018

2. WP No.32036/2019 12.WP No.32050/2018
3. WP No.32037/2019 13.WP No.32051/2018
4. WP No.32039/2019 14.WP No.32053/2018
5. WP No.32040/2019 15.WP No.32058/2018
6. WP No.32041/2019 16.WP No.32067/2018
7. WP No.32042/2019 17.WP No.32081/2018
8. WP No.32045/2019 18.WP No.32083/2018
9. WP No.32046/2019 19.WP No.32084/2018
10. WP No.32047/2019 20.WP No.32086/2018

(ARJUN THUKRAL)
ASSISTANT P.F.COMMISSIONER(LEGAL)

To
The Section Supervisor

R.T.I.Cell

1. When company came under epf - 01-08-1982

2. How may employees employed in Uma Maheswari mill- 600 employees

3. When they committed default - May,1998 to March,2007

4. Sufferings of family members - More than 200 member’s family

5. Any other documents and events you like to include to support our case-

Supreme Court case laws

i. Maharashtra State Cooperative Bank Vs. Provident Fund Commissioner-2009(10)SCC.123:2009(123)FLR

653:2009(2) SCC(L &S)743 SC-3M

ii. Employees’ Provident Fund Commissioner Vs. O.L. of Esskay Pharmaceuticals Limited-2011(5).1:2012(1)

LLJ.1: 2012(132)FLR98 (SC-2M)

High Court case laws

i. Recovery Officer and Assistant PF Commissioner Vs.Kerala Financial Corporation(ILR 2002(3)

KLT.723 Ker.H.C.Div.Bench)

6. Inpurts on case law cited by Bank -

Please refer this office letter dated 6.2.2019 in which instructions are already given
 Legal Cell

SUB: WP No.8683/2018 filed by M/s.Vasambadi Estate, Yercaud- Present Status-Reg

Ref: UO No.CB/RO/SLM/Recy/SLM/795/2019 dated 24.4.2018

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Please refer to the reference on the subject matter.

It is informed that the writ petition was listed/heard on 20.4.2018 and no interim order passed

in the Matter till date. The copy of case status of official website of Hon’ble High Court is enclosed herewith for

kind information.

ASSISTANT P.F.COMMISSIONER(LEGAL)

To

The Recovery cell

Legal Cell
 SUB: Computer –UPS - Request- Regarding
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It is informed that the UPS supplied with the systems not working last one month and the power cut

also disturbed the typing work of legal Cell.

Therefore, ‘G’ Section is requested to supply the alternative ups or new one to legal cell urgently.

SECTION SUPERVISOR(LEGAL)
To

The Section Supervisor

‘G’ Section
 ANNEXURE-I

1. Whether the Establishment/Factory has another Departments/Branches/Units -- No

In this or any other region and if so the complete names, postal addresses and

The coverage position thereof

2. Whether these branches etc., and the establishment under consideration cannot -- Nil--

Be clubbed together under Section 2A for purpose of coverage under Section 1(3)

Of the Act, if not why?

3. In case the Branches/Units etc., can be clubbed under Section 2A but still cannot -- Nil--

Be covered under Section 1(3) for the reasons stated at(a)(b) or(c) in para 2 of the

Forwarding letter please state whether the employer has under taken to extend the

Provident Fund benefits under E.P.F.Scheme to the workers of those units etc., also

And if so it should invariably been surved that the majority of these workers of those

Units etc., also if so, it should invariably be ensured that the majority of workers of

Those units etc., also and if so, it should invariably be ensured that the majority of

Workers of these units etc., have also subscribed to the consent by the majority of

Employeees

4. Other recommendations remarks if any of the R.P.F.C. -- Nil—

(K.ELANGOVAN)
ENFORCEMENT OFFICER
KRISHNAGIRI I DIVISION REGIONAL PROVIDENT FUND COMMISSIONER
 ANNEXURE-II

1. Complete name and address of the establishment/factory
2.Activities of the Establishment/Factory
-- M/s.Dharmapuri Dt.Central Coop Bank
Employees Coopetative Thrift and Credit
Society.,10/H, Nethaji Bye Pass Road,
Dharmapuri-636701
-- Thrift and Credit

3. Schedule/Industry/Class of Establishment in which engaged -- “Coopetative society”

4. Date of set-up/Commencement of the Factory/Establishment -- 21.10.1974

5. Total Number of employees employed -- One

6. Number of employees who have voluteered for coverage -- One

Under the Employees’ Provident Fund Act,1952(It should

Be majority of workers)

7. Whether the employer has also agreed to pay administrative -- Yes

Charges etc, basides his own share of contributions to the

Employees’ Provident Fund with effect from the date of coverage

8. Rate of contributions to the fund as agreed upon and desired by-- 12%

Both the employer and the majority of employees

9. Whether a separate notification is necessary for applying higher-- No

Rate of under Ist proviso to Section 6 of the Act

10. Date from which coverage is desired by both of employer and -- 1.4.2017

The majority of employees

11. Other recommendations/remarks if any of the Regional Provient— Nil

Fund Commissioner

(K.ELANGOVAN)
ENFORCEMENT OFFICER
KRISHNAGIRI I DIVISION REGIONAL PROVIDENT FUND COMMISSIONER
 SLP No.6909 and 6910 of 2018

The Regional PF Commissioer Vs. K.M.Suresh Krishna

The brief for the delay in dasti service to the respondent by EPFO

1. Sri.K.M.Suresh Krishna,LDC transfered to Sub regional Office,Salem on 30.1.2017 from Regional Office Coimbatore

2. Regional Office,Coimbatore sent proposal to Head office for filing SLP and also sent documents to Sri.Shiv Shankar

Panickar,Panel Advocate, New delhi on 17.7.2017 as per Head office letter dated 10.7.2017

3. The panel advocate had forwarded draft SLP to Regional Office,coimbatore on 6.10.2017

4. Vakalat Nama signed by RPFC Coimbatore was forwarded to Panl Advocate Sri.Shiv Shankar Panickar on 10.1.2018

5. SLP was filed on 6.2.2018 by Sri.Shiv Shankar Panickar, Advocate

6. Hon’ble Supreme Court has granted stay on payment of backwages vide its order dated 12.3.2018

7. Sri.Shiv Shankar Panickar Panel Advocate handed over the file back to Head Office during July,2018 due to his

personel reasons

8. Regional Office, Coimbatore requested Head Office to furnish name and address of the present panel Advocate on

31.7.2018 and reminder sent to Head Office on 3.9.2018

9. SLP file was transferred to Regional Office Salem by Regional Office Coimbatore on 10.9.2018 for the reason that Sub

Regional Office, Salem upgraded to Regional Office on 13.1.2017 and the new discipilanary authority (RPFC-I)

assumed charge on 9.4.2018

10.Head Office appointed new panel advocate G.M.Padma priya, on 20.9.2018 and informed to Regional

Office,Coimbatore

11. However, Ms.Padma Priya has resigned from the panel and returned the file to Head Office on 28.12.2019

12. Head Office appointed Sri.Sanjay Kumar Shandilya Advocate in the matter on 13.2.2019 and was received by

Regional Office Salem on 19.2.2018.

Brief history

The Proclamation of sale for Rs.3,53,28,585/-

 This office issued notice daed 21.2.2019 of proclamation of sale of movable properties to establishment .

In the reply, the employer/managing Director stated the following and request to keep all further procedings in

abeyance for some more time to enable to conclude out settlement with workers and to revive company. The

establishment submited cheque dated 11.3.2019 for Rs.45,00,000/- alongwith stating that they intended to revive the

company by using the available machinery and getting instalment through investors

On receipt of the cheque and letter above, this office sent a letter stating the following on 13.3.2019

a. There is no supporting proof for revive of the company and hence basless and without any merits. The valuation
engineer has mentioned in his report that the machinery thus valued is rusted/corroded and beyoond repair.So, there is
no proof that the factory can be revived using the plant and machinery put up for sale through auction.

b. The PF dues , damages, interest are pending from 2002 onwards. The Employees are suffered due to non recovery of
dues since long time. There is no response to recovery notices

c. The recovery action proceeding carried out as per provisions 8B to 8G of EPF and MP Act read with second schedule
of IT Act.The certificate proceedings cannot be stopped or kept in abeyance on the basis of request which as an
improbable future assuption as the reason.

d. Financial crisis or any such even of similary nature , cannot be ground for not taking action for recovery.

e. you have approached this office on the day following the inspection of movable property by the intending bidders
whereas you never approached this office whith any definite proposal to remit the balance amout. This could be seen as
as mala fide intention to stifle the legally carried out proceeding

The employer didnot have any concrete/definite proposal for reviving and the same thing has been stated by
the estbablishment since last 1 to 1.5 years without any action.
 Sub: Handling of Legal Cases pertaining to service matters
before Hon’ble CAT/High Court/Supreme Court-
Submission of Report- Reg
Ref: Head office memorandum dated 7.5.2019
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It is certify that the mandatory fileds of legal dashboard in respect of

four service matter pending belfore Hon’ble Supreme Court and Central Administrative

Tribunal, Madras Bench are found correct and updated, as directed.

NODEL OFFICER/APFC
LEGAL DASH BOARD/LIMBS

From
E.Kuppusamy
Section Supervisor(Legal)
Regional Office,Salem

To

The Regional PF Commissioner

Regional Office
Chennai
Through: Proper Channel

Sub: Staff Guest House- Accomodation request- Reg.

Ref: RPFC-I, Salem Order dated 16.5.2019
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It is submitted that I am going to visit the Central Government Industrial Tribunal,

Chennai on 20.5.2019 for official purpose and willing to stay at out staff guest house,
Nunkambakkam,Chennai on 20.5.2019.

Therefore, I humbly request to kinly allot one suit for my stay at staff guest house,
chennai on 20.5.2019.

Thanking You Sir,

Yours faithfully,

(E.Kuppusamy)