Thursday, August 13, 2009

RTC to pay PF for hired drivers

By S A Ishaqui
Hyderabad, Aug 12 : The AP High Court on Wednesday set aside a notification issued by the AP State Road Transport Corporation (APSRTC) directing hired bus operators to pay Employees Provident Fund (EPF) to their drivers.

This means the APSRTC is liable to pay EPF and other relavant contibutions to drivers hired by the corporation.

Justice N.V. Ramana, while allowing a batch of writ petitions filed by hired bus owners challenging the APSRTIC notification, said it suffered from the vice of violation of principle of natural justice, that it cannot be sustained and was liable to be set aside.

The RTC had set out the notification after an order issued by the Regional Provident Fund Commissioner under Section 7-A of the EPF Act had fixed the liability of making the PF and other contributions of hired bus drivers on the RTC by treating the corporation as the principal employer.

The judge while citing relevant portions of the order of the regional provident fund commissioner, said the order made it clear that the liability to make the PF and other contributions of hired bus drivers was fixed on the RTC.

The judge said the RTC cannot shift its liability to the contractors (hired bus owners) by making a provision in the contract agreement. The judge observed that since the RTC did not challenge it, the order has attained finality.

HC seeks info on theatres

The AP High Court issued notice to the state government to explain the steps taken by it to ensure the implementation of safety provisions in cinema theatres across the state.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan was dealing with a petition filed by Mr Natwa Giridhar Rao, an agriculturist from Chintapalli village in Nalgonda district, seeking a direction to the government to provide foolproof safety measures in all cinema theatres. The court granted a week to the government to file its reply.

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