CENTRAL BOARD TRUSTEES Vs. FROHBERG REALITY PVT. LTD

JUDGEMENT

(1.) Heard Mr.A.V.Nair, learned counsel for the petitioner, Mr.Dipak Dave, learned counsel for the respondents.

(2.) This petition has been filed by the Central Board of Trustees challenging the order of the Employees Provident Fund Appellate Tribunal dtd. 21/11/2014, by which, the appeal of the respondents challenging the order passed on 17/7/2013 in the matter of inquiry under Sec.7A of the Employees' Provident Funds & Miscellaneous Provisions Act , 1952, has been allowed.

(3.) Facts in brief would indicate that M/s.Frohberg Reality Pvt Ltd., situated at Vadodara, was covered under the provisions of the Employees' Provident Fund Act (for short " EPF Act ")with effect from 1/1/2007. When an inquiry was undertaken under Sec.7A of the EPF Act, the authorities noticed that M/sFrohberg Builders Limited which was already covered earlier under the provisions of the Act was a subsidiary unit of M/s.Frohberg Reality Pvt Limited. Inquiry proceedings were held, wherein, the submissions were made by the respondents that though the owner and the Director of the Company was the same, it cannot be concluded that the said Reality was a branch of M/s.Frohberg Builders Limited.