P. A. International Through Its Partner Anand Nathani v. Assistant Provident Fund Commissioner, Bhagalpur
2005-07-21
BARIN GHOSH
body2005
DigiLaw.ai
Judgment 1. Some of the employees of the writ petitioner handed over a list to the authority concerned of the Provident Fund showing therein that the petitioner has engaged more than minimum number of employees prescribed in the statute and accordingly claimed that the petitioner is covered by the provisions of the statute. The Provident Fund authority thereupon took up the matter, called upon the petitioner to explain, and ultimately concluded that the petitioner is keeping the truth concealed from the authority concerned. The list so handed over shows the names of the employees sought to have been engaged by the petitioner. Those persons had not been called by the Enquiry Officer to establish that they had been engaged by the petitioner. The petitioner has stated that those people be called by the Enquiry Officer and let those people state before the Enquiry Officer that they are the employees of the petitioner. 2. I think this was a very genuine as well as a necessary requirement to establish that the petitioner was concealing truth from the authority concerned. However, this has not been done. This aspect has not been considered by the Enquiry Officer nor any step has been taken by the employees to appear before the Enquiry Officer and to establish before him that they are serving the petitioner. Merely because one employee or more than one employee has reported that the petitioner has engaged certain number of employees that does not prove that the petitioner is employing that number of employees. It is unfortunate that without taking the minimum requirement, the authority concerned has doubted the genuineness of the entire accounts and other papers produced by the petitioner before it. 3. In those circumstances, the order impugned is set aside and the matter is remitted back to the authority concerned with a direction upon the authority concerned to call upon those employees given in the list so handed over to the authority concerned and to examine each member for the purpose of ascertaining whether they were working with the petitioner during the relevant time. Let this exercise be completed as quickly as possible but not later than 12 weeks from today. It shall be open to the Enquiry Officer to request the local police station to produce those persons before him in the event they do not appear before him upon being issued the notice. 4.
Let this exercise be completed as quickly as possible but not later than 12 weeks from today. It shall be open to the Enquiry Officer to request the local police station to produce those persons before him in the event they do not appear before him upon being issued the notice. 4. The writ petition is accordingly disposed of.