MOHAN BROTHERS Vs. REGIONAL PROVIDENT FUND COMMISISONER

JUDGEMENT

(1.) Being aggrieved by the order dated 23.5.1983 passed by the respondent under the provisions of Section 7-A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, the present petition was filed in this court by the petitioner praying for setting aside and quashing the aforesaid order.

(2.) By the aforesaid order it was held by the Regional Provident Fund Commissioner that there is unity of management, supervision and control, unity of finance, unity of financial integrality and geographical proximity to justify M/s. Jai Narain Subhash Chand and tailoring department run by the tailor master as department of the petitioner establishment and that it constitute one establishment in the light of the decision of the Supreme Court in ASSOCIATED CEMENT CO. LTD. VS. ITS WORKMEN reported in AIR 1960 SC 56.

(3.) The Regional Provident Fund Commissioner initiated a proceeding under Section 7-A of the Employees Provident Fund and Misc. Provisions Act, 1952 (hereinafter called the Act) on the ground that M/s.Mohan Brothers, the petitioner herein, failed to comply with the provisions of the Act. In the said proceeding notices were issued to the petitioner upon which the petitioner entered appearance. The aforesaid case was, however, kept in abeyance by the Regional Provident Fund Commissioner as Section 7-A of the Act was declared by this Court as ultra vires to the Constitution of India. However, as subsequently the Supreme Court stayed the operation of the said order, the Regional Provident Fund Commissioner decided to proceed with the matter, during the course of which the parties led their evidence. The General Secretary of the Delhi Karamchari Sangh was also made party to the enquiry at their request. After receiving the aforesaid evidence adduced by the parties the Regional Provident Fund Commissioner proceeded to decide the matter and passed the impugned order, which is now under challenge in this writ petition.