REGIONAL PROVIDENT FUND COMMISSIONER AND THE ASSISTANT PROVIDENT FUND COMMISSIONER Vs. M/S. JEEVAN CHAMPA CORPORATION

JUDGEMENT

(1.) AGGRIEVED by the order dated 13.06.2012, passed by the learned Single Judge in W.P. No. 8218/2012, dismissing the petition, the petitioner has filed the present appeal. On a report said to have been submitted by the Enforcement Officer, the writ petitioner initiated proceedings against the respondent company in order to bring the respondent establishment under the purview of the Employees' Provident Fund and Miscellaneous Provisions Act 1952, on the ground that the respondent is having a branch unit at Kamakshi Palya, Bangalore. The matter was adjudicated after issuance of notice and it was under the order dated 05.08.1999, the petitioner determined the amount payable by the respondent. Aggrieved by the same, the respondent preferred an appeal before the Tribunal. The appeal was allowed, and the order of the authority was set -aside. Aggrieved by the same, the instant writ petition was filed, wherein the learned Single Judge dismissed the petition. Hence, the present appeal.

(2.) THE learned Single Judge was of the view that the initial burden cast on the authorities have not been discharged by them. That the Tribunal on considering the same negated the contention of the petitioners, that the matter be remanded for a fresh enquiry.