FARZANA Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) With the consent of the parties, the matter is taken up for hearing and final disposal.

(2.) The present writ petition is directed against an order dated 21st September, 2005 passed by the Employees Provident Fund Appellate Tribunal (hereinafter referred to as 'the Appellate Tribunal') upholding the orders dated 28th January, 2000 passed by the Regional Provident Fund Commissioner (RPFC), Delhi under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'the Act') whereby the Act was made applicable to the petitioner establishment with effect from 1st June, 1989 on the ground that as on 5th June, 1989, strength of the employees of the petitioner establishment was 20, and rejecting the appeal filed by the petitioner establishment.

(3.) Briefly stated, facts of the case are that the petitioner establishment is engaged in the sale of fruits in Subzi Mandi, Azadpur. The Inspector of the RPFC visited the premises of the petitioner establishment on 22nd June and 6th July, 1989 for the purpose of inspecting as to whether the petitioner establishment would be covered under the Act and met one Sh.K.N.Jaggi, who transpired to be the husband of one of the partners of the petitioner establishment, Smt.Sulakshana Jaggi. Sh.K.N.Jaggi handed over a letter dated 22nd June, 1989 to the Inspector on the letterhead of the petitioner establishment, giving details about the said establishment, duly signed by him. In the said letter, information was given with regard to the name of the petitioner establishment, the date on which the establishment was started, its activities, details of the partners, the employee strength/attendance register as on 1st June, 1998 and the number of piece rate casual labourers. A copy of the partnership deed of the petitioner establishment, executed on 17th December, 1983 was also handed over by Sh.K.N.Jaggi to the Inspector. On the basis of the aforesaid information received by the Inspector, he recommended coverage of the petitioner establishment with effect from 1st June, 1989 under the Act and accordingly submitted a report to his office. On the basis of the said report, a coverage letter dated 24th July, 1989 was issued to the petitioner establishment, covering it under the Act with effect from 1st June, 1989.