Relief for pourakarmikas: HC directs BBMP to pay PF dues

Bengaluru: The high court has directed the BBMP to deposit Rs 90,18,89,719 provident fund dues within eight weeks to pourakarmikas for the period between January 2011 and July 2017, along with 12% interest.

Justice KS Hemalekha has passed this order while partly allowing the petition filed by the BBMP Pourakarmikara Sangha.

On October 26,2017, the Regional Provident Commissioner, Bengaluru had passed an order with a direction to deposit the amount along with simple interest at the rate of 12% in accordance with section 7A of the Employers’ Provident Fund and Miscellaneous Provision Act, 1952. The sangha filed a petition seeking directions for the implementation of the order. The petitioner also prayed for exemplary damages and to hold enquiry about pending dues from 2007-2011 and ensured that the amounts are received by the pourakarmikas. Meanwhile, the BBMP had also moved the court challenging the order passed by the Regional Provident Commissioner.

The court dismissed the petition filed by the BBMP observing that both the provisions, section 2(f) of EPF and MP Act and section 2(9) of the Employees State insurance Act, 1948 include contract workers within the purview of ‘employee’.

“This being so, it cannot be said that the contract workers are not eligible to get gratuity as contended and to get the provident fund as contended by the petitioner.  The order passed by the Regional Provident Fund Commissioner under Section 7A dated October 26,2017 needs to be implemented in the present facts and circumstances of the case,” the court said.

Justice Hemalekha said that the failure of the BBMP has caused financial and mental suffering to the workers. “Their (pourakarmikas) 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.  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.”