- (1.) HEARD Sri B.P. Singh, Senior Advocate, assisted by Sri V.K. Singh for the petitioners and Sri B.D. Mandhyan, Senior Advocate, assisted by Sri Satish Mandhyan for the respondents.
(2.) THIS petition has been filed challenging the orders dated 11.8.2008 and 29.5.2003 by means of which, petitioners' claim challenging the order under Sections 7 -A and 7 -B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'the Act') has been rejected.
(3.) THE facts, in short, giving rise to the present dispute are that the petitioner no.2 is a company duly incorporated under the provisions of the Indian Companies Act and is a publisher of popular daily Hindi newspaper 'Aj' and petitioner no.1 was set up being the Board of Trustees for the payment of benefits accruing under the Act for employees, all of whom are duly registered with petitioner no.1. The Enforcement Officer of the Employees Provident Fund Organisation carried on an inspection on 15.10.2001. The Assistant Provident Fund Commissioner sent a notice dated 19.7.2002 fixing 16.8.2002 at Sub Regional Office, Agra. The petitioner no.1 authorized one Sri Raj Kumar Mehrotra to appear before the Assistant Regional Provident Fund Commissioner, Agra for putting appearance and obtaining copy of the complaints made against the petitioners and to get the matter adjourned. A letter dated 16.8.2002 was submitted before the Assistant Provident Fund Commissioner, Agra. A letter was filed on behalf of petitioner no.1 before the Assistant Regional Provident Fund Commissioner for dropping the proceedings under Section 7 -A of the Act on 17.8.2002 on the ground that Sri R.B. Singh Yadav himself has withdrawn his complaint. The petitioner no.1 filed its reply stating therein that the private respondents were never in the employment of petitioner no.2. On 13.9.2002, the petitioners filed objections to the imposition of cost vide order dated 17.8.2002. The Assistant Regional Provident Fund Commissioner/Enquiry Officer vide order dated 8.10.2002, rejected the contention raised by the petitioners. The petitioners thereafter filed a review application under Section 7 -B of the Act before the Regional Provident Fund Commissioner, Varanasi on 21.11.2002. The petitioners filed a letter before the Regional Provident Fund Commissioner, wherein it was stated that in compliance of the order dated 8.10.2002, Rs.60,000.00 has been deposited by the trust. The petitioners adduced certain evidence before the reviewing authority under Section 7 -B of the Act and thereafter the review filed by the petitioners was partly allowed vide order dated 29.5.2003. An application dated 12.6.2003 was filed by the petitioners, requesting the Assistant Provident Fund Commissioner to modify the order dated 29.5.2003, which was rejected vide order dated 25.6.2003. The petitioners thereafter preferred an appeal before the Employees Provident Fund Appellate Tribunal, New Delhi under Section 7 -I of the Act, which was dismissed vide order dated 11.8.2008. Hence this writ petition.;