EMPLOYEE PROVIDENT FUND ORGANIZATION Vs. SEWA INTERNATIONAL FASHIONS

JUDGEMENT

(1.) By way of the present petition under Article 227 of the Constitution of India, the petitioner has assailed order dated 28th September, 2012 passed by the Employees Provident Fund Appellate Tribunal allowing the application of the Respondent No.1 under Order 6 Rule 17 CPC.

(2.) Brief facts of the case are that pursuant to an inspection conducted at the branch office of respondent No.1 at 5, Furniture Block, Kirti Nagar, New Delhi, on complaints filed by Respondent No.2 with the petitioner, it was revealed that though 938 employees were found working therein, only 20 of them were extended PF benefits. A show cause notice was issued to the respondent No.1 in relation to PF Dues of 938 employees found working in the factory premises, and subsequently an enquiry under Section 7A of the EPF & MP Act was initiated for determination/assessment of the PF dues. It was observed by the petitioner that in the proceedings under Section 7A of the Act, the respondent no.1 had not co-operated with the proceedings and adopted delaying tactics to thwart the proceedings.

(3.) Respondent No. 1 filed a writ petition impugning show cause notices issued by the petitioner dated 6th August, 2003 and 29th August, 2003 and also sought stay of proceedings under Section 7A of the EPF & MP Act which was declined and subsequently at a later stage vide order dated 21st February, 2007 the writ petition was dismissed with cost of Rs. 1 Lac since the respondent no. 1 had filed false affidavit and did not disclose true facts therein.