Mahesh Chandra Tripathi, J. - (1.) M/S Modern Lock Manufacturing Company, Aligarh through its partner Umesh Kumar is before Court assailing the order dated 21.2.2017 passed by the first respondent i.e. Employees' Provident Fund Appellate Tribunal, New Delhi.
(2.) Record in question reflects that the petitioner firm is engaged in the trading of locks manufactured by the third parties. For this purpose, it had engaged 14 workers. The provisions of Employees Provident Funds and Miscellaneous Provisions Act, 1952 (in short "the Act") are not applicable to it. On 20.3.2012 the Labour Enforcement Officer, Aligarh had inspected the petitioner firm and found that 14 workers were employed in the petitioner firm. On 16.5.2011 Engineering Karamchari Sangh, Aligarh had made certain complaint to the Regional Provident Fund Commissioner, Kanpur alleging that the firm was violating the provisions of the Act. Consequently, the Regional Provident Fund Commissioner, Kanpur had directed the second petitioner i.e. Assistant Provident Fund Commissioner, Agra to enquire about the correctness of such complaint but till date the second respondent has not submitted any report to the Regional Provident Fund Commissioner.
(3.) On 27.9.2012, one Ravinder Singh, EPF Inspector visited the petitioner firm and submitted a report to the second respondent. On the basis of the said report the second respondent had proceeded to issue a notice on 15.10.2012 mentioning therein that 23 workers were employed in the petitioner firm and as such the firm is under legal obligation to ensure compliance of the Act. On the basis of certain ex-parte proceedings, on 15.10.2012 the second respondent had issued Certificate No.EPF/SRO/Agra/ENF/UP/54959 to the petitioner firm. In response to the said notice the petitioner had responded to the second respondent with categorical stand that at the relevant point of time there were only 14 workers employed in the firm, as such the provisions contained under the Act are not applicable. The proceedings were finalised way back on 18.10.2013 by the second respondent and the said finalisation was exparte against the petitioner firm. The petitioner firm filed restoration application/objection on 26.11.2013 and again filed the application on 27.3.2014 for recalling the order dated 18.10.2013. The said action has been assailed by the petitioner in Writ Petition No.29102 of 2014 (M/s Modern Lock Manufacturing Co. & Anr. v. Asstt. Commissioner, E.P.F. & Anr.), which was disposed of on 1.9.2014.;