MUKUND CONSTRUCTION CO Vs. REGIONAL P F COMMISSIONER

JUDGEMENT

(1.) SHRI D. J. Bhatt, learned counsel for the petitioner; Shri Niral R. Mehta, learned counsel for the respondent.

(2.) M/s. Mukund Construction Company, somewhere in the year 1979, in accordance with sub-section [4] of Section 1 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, made an application to the Commissioner, Provident Funds that the benefits flowing from the Scheme be admitted to them and the industry be included within the Scheme of the Provident Fund. Unfortunately, the authorities of the Provident Funds, which were required to act smooth and swift, slept over the application of the applicant-present petitioner. On 11. 5. 79, the petitioner sent reminders to the Provident Funds Commissioner for early disposal of the application; on 30th January, 1980, the department sent a letter to the petitioner informing them that the application submitted by the petitioner was under scrutiny and consideration. The application came to be decided 15. 7. 82. The department clearly ordered that the industry would be included in the Scheme with retrospective effect from 30th January, 1980.

(3.) IN accordance with the Scheme and the law, the department asked the employer to make deposits of the amount known as contribution of employer and contribution made by the employee. Within the reasonable period, rather, without any delay, the petitioner deposited their 50% contribution but the employees did not do it.