BHARTIYA VAIDYAK SAMANVAYA SAMITI Vs. STATE OF MAHARASHTRA AND ORS.
LAWS(BOM)-2017-8-334
HIGH COURT OF BOMBAY
Decided on August 01,2017

BHARTIYA VAIDYAK SAMANVAYA SAMITI Appellant
VERSUS
State of Maharashtra And Ors. Respondents

JUDGEMENT

R.K.DESHPANDE, J. - (1.) Two questions are involved in the present petition: (i) whether the petitioner-institution is entitled to increase in the grants payable by the State Government in respect of contribution of the employer to the extent of 10% towards employees provident fund from 1.5.1997 and 12% from 22.9.1997, and (ii) whether the respondents are entitled to recover the excess grant paid to the institution which is assessed at Rs. 43,43,387/?
(2.) We have seen the Government Resolution dated 21.1.1970 by which the Government has directed that the item mentioned therein should be added to the list of approved expenditure appended to the Government Resolution dated 16th May, 1950. The item shown therein is as under: "Contribution towards employees provident fund subject to the limit of 81/2 % of the emoluments of the employees" The petitioner is receiving contribution towards employees provident fund at the rate of 81/2 % of the emoluments of the employees since 21.01.1970. There is no dispute about it. This 81/2 % contribution of the employer prescribed under Section 6 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 was increased to 10% with effect from 1.5.1997 and, to 12% from 22.9.1997. It is therefore urged that in continuation of the Government Resolution dated 21.1.1970, the respondent State Government is under obligation to shoulder the responsibility of entire 12% share payable by the employer as a contribution towards employees provident fund.
(3.) We do not find that any such statutory right exists in favour of the petitioner-Institution to claim enhancement in the contribution from 81/2% to either at 10% or 12% as enhanced from 1.5.1997 and 22.9.1997 respectively. The Government has undertaken to pay the share @ 81/2% contribution as per the Government Resolution dated 21.1.1970, which is an assurance and we cannot compel the Government by issuing direction to enhance it or share the additional financial burden, as claimed by the petitioner.;


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