REGIONAL PROVIDENT FUND COMMISSIONER Vs. HMT LIMITED

JUDGEMENT

(1.) Respondent in Writ Petition No.29597 of 2015 has filed this appeal challenging impugned order passed in the said Writ Petition dtd. 21/9/2015.

(2.) It was the case of Petitioner in the aforesaid Writ Petition that it is a Public Sector Enterprise under the administrative control of Department of Heavy Industries, Ministry of Heavy Industries and Public Enterprises with Government of India having shares with 93.69%. The Respondent was incorporated as "Hindustan Machine Tools Private Limited," under the-then Companies Act of 1913 and later on, its name was changed as "Hindustan Machine Tools" and subsequently it has been called as "HMT Limited."

(3.) The Respondent establishment was covered under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. It is an exempted establishment under Sec. 17 (1)(a) of the said Act. The Respondent has contented in the Writ Petition that during the period 1997 to 2001, the Respondent incurred heavy losses on account of loss incurred by the constituents of the Trust. Therefore, requisite contribution was not paid in time. Thereafter, respondent received sanction from the President of India for payment of Rs.250.00 Crores dues; and utilizing the portion of the said amount, Respondent had paid dues or arrears of Provident Fund (for short, PF) of its employees.