Karnataka High Court Directs BBMP To Clear Rs 90 Crore Due Towards PF Accounts Of Powrakarmikas

The Karnataka High Court has directed Bruhat Bengaluru Mahanagara Palike (BBMP) to comply with the order of Regional Provident Fund Commissioner directing it to deposit an amount of Rs 90,18,89,719 towards provident fund, pension fund and insurance fund contribution for Powrakarmikas, for the period from January 2011 to July 2017.

A single judge bench of Justice KS Hemalekha dismissed the petition filed by the Corporation assailing the order of attachment dated 23.01.2018 passed by authority. The Corporation had contended that the impugned order passed by the authority is without giving any notice of hearing.

The dispute arose when BBMP failed to provide PF pass books, account details, contribution cards to the workers and contractors' failure in remitting PF contribution and withholding annual statement of the workers' account.

The BBMP Powrakarmikara Sangha—union, approached the authority seeking a direction to the Corporation to ensure compliance with the Employers' Provident Fund & Miscellaneous Provision Act, 1952. Following which the order was passed based on reports and records submitted. The review petition filed by the BBMP questioning the order of the authority was dismissed on 08.01.2018, pursuant to which, the impugned order of attachment was passed.

The bench noted that Section 7A of the Act states that the amount of contribution and any charges for meeting the cost of administrating the funds paid or payable by an employer in respect of any employee employed by or through a contractor may be recovered by such employee from the contractor either by deduction from any amount payable to the contractor under any contract or a debt payable by the contractor.

“Despite the same, respondent No.1 has failed to make the payment and has deliberately violated the statutory mandate imposed upon him,” it said.

Court said “social justice” which the Constitution engrafted is a dynamic device to mitigate the sufferings of workers, poor, weak, dalit, farmers and deprived section of the society and to elevate them to the level of equality to live a life with the dignity of person. “These workers are doing great service to the society and the union has worked for several years to ensure that all workers shall receive their dues including proper and regular wages.”

Court noted that 'Powrakarmikas' are almost entirely from Dalit Community and predominantly women. They are employed in the most scientifically backward, inhuman and primitive form of garbage collection and street-sweeping throughout the year, without weekly or national holidays or any breaks at all. "They have ceaselessly protected the health of the public and continued to do so each and every day. This has come at the cost of their own health and safety and they suffer from serious and life-shortening respiratory ailments, heart problems, back and knee problems etc. Their working conditions which also include lack of access to drinking water, toilets or urinals have been shockingly deplorable for years, which was accentuated during Covid-19 Pandemic.”

It added “Provided with little to no personal protective equipment gloves and other sanitary guards, many have died or been left with severe, life-altering health complications. They have been forced to work through lockdowns and while fresh waves of the pandemic ravaged the country, despite lacking the resources and access to basic medical care for themselves. They face demeaning discrimination, including not being given water in households, being told to stand at a distance as they “smell of garbage”, being spoken to rudely and so on, and they have been pushed down the social ladder to an extent that is inhuman.”

Further it expressed “There is no manner of doubt that a welfare state is a protector of life and liberty its citizens. The concept of parents patriae recognises the state as protector of citizens as parents, particularly when citizens are not in a position to protect themselves. The preamble of the constitution and Directive principles of State Policy under Articles 38, 39 and 39A enjoins the State to take all protective measures to which a social welfare state is committed. The EPF & MP Act is a social welfare legislation intended to protect the interest of a weaker section of the society.”

Thus Court held that the acts of BBMP have caused financial and mental suffering to these workers and the order passed by the respondent-authority under Section 7A needs to be implemented.

Appearance: Advocate Maitreyi Krishnan for Advocate Avani Chokshi for Petitioners

Advocate Sanjeev B.L FOR R-1.

Advocate Shwetha Anand for R2.

Citation No: 2024 LiveLaw (Kar) 84

Case Title: BBMP POWRAKARMIKAR SANGHA AND Bruhat Bengaluru Mahangara Palike

Case No: WRIT PETITION No.16539/2022 (L-PF) C/W WRIT PETITION No.4449/2018

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