- (1.) The petitioner No. 1 is a registered trade union of Victoria Jute Company, i.e. the respondent No. 6 herein. In the year 1962 the Central Government granted exemption under section 17(1) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 to the concerned establishment. The said exemption, however, was cancelled by a Notification dated April 24, 2002 under section 17(4) of the said Act as the performance of the establishment had not been found satisfactory. Since it had become a defaulter and failed to transfer the provident fund, pension fund etc. and other dues the company was put on notice in the year 2002 itself and was directed to transfer the fund and to submit the past accumulation statements in respect of all the employees of the Trust Fund within ten days from the date of receipt of the communication. It appears from the writ petition that Bengal Chatkal Mazdoor Union and its Secretary had filed a writ petition being WP 15074(w) of 2002 challenging the cancellation of exemption. Initially, an interim order had been obtained by the petitioners on that writ petition restraining the transfer of accumulated amount from the Victoria Jute Workers' Provident Fund, i.e. the respondent No. 10 to the Provident Fund authorities. Thereafter, the interim order was vacated.
(2.) According to the present writ petitioners, they have come to learn that by a communication dated June 21, 2002 the Provident Fund authorities had intimated the concerned Establishment about the cancellation of the exemption. There is absolutely no mention of when the Union had come to learn about the cancellation of the order.
(3.) The immediate occasion for filing the present writ petition seems to be the communication dated February 11, 2015 made by the Provident Fund authorities to the Branch Manager of Standard Chartered Bank, Kolkata- 700001.;