P.B.BAJANTHRI,J. - (1.) These two petitions have been filed by petitioner -Food Corporation of India. For the purpose of brief facts of the case, CWP No. 5303 of 2012 is taken.
(2.) Petitioner ­ Food Corporation of India (for short 'FCI') has questioned the validity of the order dated 1.2.2008 and Appellate Authority's order dated 14.7.2011, vide Annexures P -6 and P -7, respectively.
(3.) The petitioner ­ FCI is a body Corporate under the provisions of Food Corporation of India Act, 1964. The petitioner deals in procurement/storage and removal and distribution of food grains throughout the country. It is stated that duties of the FCI includes and involves transportation, loading and unloading, handling of food grains in various depots at different places of the entire country. The work of loading/unloading would be fluctuating depending upon various factors, including export of food grains and other exigencies. It is stated that in most of the places the work of transport, loading and unloading and hoarding of food grains is carried out by employing contractor by awarding handling and transport contracts. The contractor is paid for the work assigned who onward engage the services of the labourer to carry out the work. The contractors are appointed for a specific period with certain conditions. Since the services of the labourers were engaged by the contractor, therefore, the petitioner ­ FCI is not liable for payment of provident fund contribution. In this regard certain internal correspondence have been made between the petitioner and respondent - department vide Annexures P -2 and P -3. There was a confusion regarding contribution of provident fund by the FCI ­ petitioner. On one hand the petitioner is of the view that they are not liable for making contribution, on the other hand they have remitted provident fund contribution for the period from October 2004 to June 2006. It was further averred that respondent -department confirmed that there are no dues.;