- (1.) AFFIDAVITS have been exchanged. I have heard both sides at length. The impugned order dated 30.01.2009 has been passed by the Assistant Provident Fund Commissioner Jamshedpur under section 7 A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. A copy of that order is Annexure -5 to this writ petition. By that order the petitioner has been directed to pay the computed amount of Rs.1,08,62,124/ -(Rupees one crore eight lacs sixty two thousand one hundred twenty four only) on account of Provident Fund Pension Fund, Insurance Fund and Administrative charges. In addition, the petitioner has also been required by the said order to pay an amount of interest of Rs.76,64,583/ - (Rupees seventy six lacs sixty four thousand five hundred eighty three only) within 15 days.
(2.) THE case of the petitioner is that the petitioner is engaged in construction industry and in the said industry the petitioner has employed certain long term employees for whom the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and the Scheme are being followed regularly. However, the petitioner alleges that there are certain casual workers who came to work at the construction sites of the petitioner for a day or for a few days and thereafter move away without leaving any forwarding address. The petitioner claims that these workmen are not identifiable and it is practically very difficult, in fact almost impossible, to comply with the requirements of the provident fund Scheme in respect of such migrant labourers.
(3.) FROM the petitioner's side a clarification dated 14.6.1999 has been shown which has been issued exempting casual workers in the construction industry from the Employees' State Insurance Act, 1948 allegedly on somewhat similar grounds.;