- (1.)THIS revision has been preferred under section 19 of the Madhya Pradesh madhyastham Adhikaran Adhiniyam, 1983 (for short the Adhiniyam) is against the award, dated March 15, 2007, passed by Madhya pradesh Arbitration Tribunal in Reference Case no. 8/2005.
(2.)FACTS in short are that Arora constructions entered into an agreement with the respondents Madhya Pradesh State Seed and Farm Development Corporation for construction of godown, processing cell and administrative block. The respondents deducted a sum of Rs. 1,44,982 and made payment of remaining amount. The aforesaid amount was withheld in view of clause (24) of the agreement. It was submitted that amount was withheld arbitrarily, hence prayer was made to refund, the amount along with the interest. Madhya Pradesh Seed and Farm development Corporation was within the purview of Employees Provident Fund Scheme, 1952 as such the contractor was not liable to comply with the provision of the Employees' provident Fund Act and the Scheme, consequently it was prayed that amount be paid along with the interest at 12 per cent, per annum.
(3.)THE respondent contended that the contractor was not entitled to receive the amount of Rs. 1,44,982 in view of clause (24) of the agreement entered into between the parties. Everyday more than 20 employees were employed, contract was given for a huge sum of rs. 26,33,635. The period for completion was 8 months. In spite of employing more than 20 labours every day, compliance of provision of employees Provident Fund Act was not made nor No Objection Certificate (for short NOC)from Commissioner, Employees Provident fund was obtained. As such the amount of Rs. 1. 44,982 was withheld. The Commissioner. EPF had been informed, still contractor had not filed the NOC from the Commissioner, EPF.