- (1.) THE Court: The petitioners in this writ petition dated June 6, 2007 are aggrieved by the order of the Regional Provident Fund Commissioner-I, regional Office. Kolkata dated April 9/may 10. 2007. annexure P8 at p. 43. The order was made under section 7a of the Employees' Provident Funds and Miscellaneous Provisions Act. 1952.
(2.) THE section 7a proceedings were initiated by issuing the summons dated march 10, 2004, annexure P1 at p. 26. alleging that during the period from august, 2002 to December. 2003 the establishment of the petitioners evaded membership. The establishment submitted an application dated May 12, 2004, annexure P3 at p. 30, disputing the case of the authority that it evaded membership to the trainees. According to the establishment, the trainees were not entitled to membership under the schemes.
(3.) A team of enforcement officers investigated and submitted a report dated march 20, 2007, annexure P5 at p. 37. and with the report they submitted their written deposition stating that none of the persons in question should be considered trainee or apprentice. The team claimed that the establishment was liable to pay Rs. 8,02,392 for the period. After hearing the establishment the authority made the impugned order determining the establishment's liability for the period from August, 2002 to March. 2006 at Rs. 2,35,51,851. The authority determined liability also for payments reportedly, made by the establishment to the persons engaged for fabrication, cutting and skiving.;