MANAV MANDIR HOTEL Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 24 -08 -1999 (Annexure P -4) passed by the respondent No.1/Regional Provident Fund Commissioner (for short 'the RPFC') in a proceeding under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'the Act, 1952') and the appellate order dated 18 -07 -2005 (Annexure P -7) passed by the Employees Provident Fund Appellate Tribunal, New Delhi (for short 'the Tribunal') holding that the provisions of the Act, 1952 is applicable to the petitioner establishment by clubbing it with Manav Mandir Hotel, Manav Bhojanalya and Uttam Sweets for the purpose of employment strength and is, thus, coverable under the Act, 1952 w.e.f. 01 -06 -1978.

(2.) THE matter had earlier traveled up to the High Court when the petitioner challenged the order passed by the RPFC on 08 -02 -1983 to the same effect, which was challenged by the petitioner by filing W.P. No.320 of 1983. In the earlier round of litigation also, enquiry was conducted by the RPF inspector and by the RPFC finding that in the same building business activities are being carried out in the following name and style : i. Manav Mandir Hotel (for short 'MMH') ii. Manav Bhojanalya (for short 'MB') iii. Uttam Sweets (for short 'US')

(3.) SHIV Kumar s/o Gangaram