LAWS(ALL)-1992-11-81

MEEKAN TRANSMISSIONS LTD Vs. REGIONAL PROVIDENT FUND COMMISSIONER

Decided On November 18, 1992
MEEKAN TRANSMISSIONS LTD. Appellant
V/S
REGIONAL PROVIDENT FUND COMMISSIONER Respondents

JUDGEMENT

(1.) The petitioner is an undertaking running the business of manufacturing automatic gears. Proceedings under Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') were initiated against it. A detailed objection (Annexure 6 to the Petition)was filed before the authority under Section 7-A of the Act consequent upon the notice dated January 28, 1992. One of the objections taken was regarding the rate of contribution applicable to the petitioner undertaking and was based on the Government Order No. 50360 (1) dated May 17, 1989, which provided for the rate of contribution to be made by the employer towards the provident fund of the employees. The grievance was that, under the second proviso of the said notification, the revised rate of contribution i.e. 10 per cent, was not applicable to the petitioner undertaking. Apart from this, there were other objections claiming set off of the amount already deposited.

(2.) It is not necessary to deal with the objections as raised by the petitioner before the authority under Section 7-A of the Act. The authority passed an order on March 24, 1992 requiring the petitioner to deposit Rs. 1,50,695.00. This order is the subject matter of challenge in the present petition.

(3.) Heard learned counsel for the petitioner and learned counsel for the respondents.