M.ABDUL GAFFOOR Vs. REGIONAL PROVIDENT FUND

JUDGEMENT

(1.) The prayer in the present writ petition is seeking for a writ of Mandamus forbearing the respondents from preventing the petitioner from using his premises at No.25, Mandy Street, Ranipet and from taking steps for recovery for a sum of Rs.1,64,079/-.

(2.) The learned counsel for the petitioner submitted that the establishment, namely M/S.J.Beedi Factory which was engaged in manufacturing Beedis, was run by their forefathers and was closed in the year 1993 itself. All the employees were paid the provident funds in the year 1995 itself and as such, the question of contribution of provident funds will not arise. Since the factory itself was closed in the year 1993, the respondents herein are not entitled to recover the alleged provident fund dues for the period from June 1977 to December 1985.

(3.) The learned Standing Counsel for the respondents, on the other hand submitted that the establishment namely M/s.J.Beedi Factory, Ranipet is covered under the provisions of EPF Act. After an enquiry under Section 7A of the act was conducted, a sum of Rs.1,92,353.70/- was determined as the dues payable by the establishment towards provident funds for the period from June 1977 to December 1985 and an order was accordingly passed on 30.12.1988. Since the employer failed to remit the assessed dues, a Recovery Certificate was issued in the year 1989 under Section 8B of the Act. Thereafter, the petitioner had paid a part amount alone of the provident fund dues and therefore, there is no infirmity in the recovery of the balance amount ordered by the respondents.