PARTHA SARATHI SAHA Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The petitioner Mr. Partha Sarathi Saha, proprietor of M/s Sri Krishna Automobiles vide the present petition seeks the setting aside of the order dated 09.05.2017 of the Ld. Employees Provident Fund Appellate Tribunal, New Delhi in ATA No.480 (2) 2013 vide which the appeal ATA No.480 (2) 2013 filed by the petitioner herein against the order dated 01.07.2013 passed by the APFC, SRO, Agartala in Order No.NE/AGT/ENF/8209/7a/2012/13/3698 in proceedings under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'Act'), - was dismissed.

(2.) The facts put forth through the impugned order are to the effect:

(3.) The order dated 01.07.2013 of the Assistant Provident Fund Commissioner, SRO, Agaratala in relation to the enquiry conducted in terms of Section 7A (a) of the 'Act', in respect of the petitioner through Sri Krishna Automobiles indicates that a notice no.NE/AGT/ENF/8209/7A/12-13/3730 dated 05.03.2013 was issued to the petitioner establishment directing the employer to appear in person or through an authorized representative on 19.03.2013 and present the case in as much as the petitioner disputed the applicability of the 'Act' to the establishment Sri Krishna Automobiles and moved an application dated 27.02.2013 to decide the applicability of the 'Act' to the establishment under Section 7A (a) of the 'Act'.