SAIMANGALA ENTERPRISES Vs. REGIONAL PROVIDENT FUND

JUDGEMENT

(1.) Petitioner has called in question the order dated 21.7.2009 at Annexure-A passed by the respondent herein, whereunder petitioner establishment has been brought under the purview of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'Act' for short) on the ground that employees strength exceeds 20 and as such, Section 1(3)(a) of the Act is attracted. Facts in brief leading to filing of this Writ Petition are as under:

(2.) Heard Sri. N.S. Narasimha, learned counsel appearing for petitioner and Smt. Nandita Haldipur, learned counsel appearing for respondent. Perused the original records made available by the learned counsel appearing for respondent.

(3.) It is the contention of Sri. Narasimhaswamy that respondent erred in not taking into consideration the entire documents namely the attendance register as also the bills raised by Sri. Onkarappa, who was an Advocate-cum-Auditor and consultant of the petitioner establishment which clearly go to show that he was not an employee of the petitioner establishment and non-consideration of these vital documents has resulted in the impugned orders being passed against the petitioners bringing within the coverage of EPF & MP Act and contends that said finding is contrary to records and seeks for setting aside the same.