SUNSHINE CATERERS PVT. LTD. Vs. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA AND ORS.

JUDGEMENT

(1.) Superb question of law involved in this batch of writ petitions is whether the Assistant Provident Fund Commissioner is justified in holding that "Commission Vendors" engaged by the petitioner/its predecessors-ininterest for selling its food products can be considered to be its employees for the purpose of Section 2 (f) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'the EPF Act').

(2.) Invoking the jurisdiction of this Court under Article 226/227 of the Constitution of India, the petitioner herein has filed these writ petitions questioning the order passed by the Employees' Provident Fund Appellate Tribunal, New Delhi (for short 'the Appellate Tribunal') dated 11-5-2011 (Annexure P-1) in all the four writ petitions by which the Appellate Tribunal has affirmed the order passed by the Assistant Provident Fund Commissioner, Raipur, deciding the applicability dispute and consequently, determining the amount due under Section 7A of the EPF Act in the following background facts: -

(3.) The petitioner is a private limited company registered under the provisions of the Indian Companies Act and successor-in-interest of the original assessee namely M/s. R.K. Agrawal & Sons, a partnership firm, and is engaged in providing catering services at Railway Station, Raipur. Its work of selling food and other eatables and beverages is carried out through Commission Vendors said to be engaged on commission basis.