Devendra Kumar Arora, J. - (1.) Heard Sri Sanjay Bhasin, learned Counsel for the petitioner and Sri Shailendra Srivastava, learned Counsel for the opposite parties no.2 and 3.
(2.) The petitioner-U.P. Electronics Corporation Limited [ in short referred to as the 'Company'] has questioned the correctness and validity of the order dated 04.06.2004, whereby the Assistant Provident Fund Commissioner (Compliance), Uttar Pradesh in exercise of powers conferred under Section 7-A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 determined Rs.748.85 lacs as the Provident Fund dues payable after deducting the amount already assessed.
(3.) It is said that the aforesaid company was established on 30.03.1974 as a Government Company within the meaning of Section 617 of the Companies Act, 1956 to promote and develop electronics industry in the State of Uttar Pradesh. The main objects for which the petitioner-company was established are defined in Memorandum of Association of the U.P. Electronics Corporation Limited. The petitioner-Company is registered under the Companies Act, 1956 with the Registrar of Companies, Uttar Pradesh, Kanpur. The provisions of Employees' Provident Fund and Miscellaneous Provisions Act, 1952 became applicable on the petitioner-Company from July, 1977. After submission of the matter before the Employees' Provident Fund Organization (in short "EPFO") at Regional Office, Kanpur, the EPFO allotted a code bearing No.UP/5384 and the petitioner-company was kept under the category of relaxed establishment by the Regional Provident Fund Commissioner, Kanpur under Section 17(1) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.;