M/S. NIGAR FRESH RESTAURANT Vs. REGIONAL PROVIDENT FUND COMMISSIONER
LAWS(JHAR)-2018-8-235
HIGH COURT OF JHARKHAND
Decided on August 29,2018

M/S. Nigar Fresh Restaurant Appellant
VERSUS
REGIONAL PROVIDENT FUND COMMISSIONER Respondents

JUDGEMENT

Rajesh Shankar, J. - (1.) By way of the present writ petition, the petitioner has challenged the proceeding initiated by the Assistant Provident Fund Commissioner (Compliance) E.P.F.O Regional Office, Ranchi under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (in short "the Act, 1952").
(2.) Heard learned counsel for the parties.
(3.) The grievance of the petitioner is that he along with his brother namely Md. Sahid runs a small hotel on alternate month basis. The petitioner has engaged six employees in the said hotel and therefore, the said hotel does not come under the purview of Section 7A of the Act, 1952. However, ignoring the said fact, the respondent no.2 initiated a proceeding under Section 7A of the Act, 1952 against the petitioner. By way of an interlocutory application being I.A. No. 3814 of 2018, the petitioner has brought on record a copy of warrant of arrest issued by the respondent no. 2, vide letter no. 227 dated 16.04.2018 (Annexure-1 to the I.A. No. 3814 of 2018), which is beyond the jurisdiction of the respondent no. 2.;


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