SAMY COMPANY Vs. PRESIDING OFFICER

JUDGEMENT

(1.) IN this writ petition, the petitioner prays for the issue of a writ of certiorarified mandamus calling for the records of the first respondent, the Presiding Officer, Employees' Provident Fund Appellate Tribunal, New Delhi, pertaining to the proceedings in Appeal No. ATA 13 (61) of 1998, dated March 12, 1999, relating to the petitioner herein and quash the same and consequently direct the first respondent to reconsider the matter on merits.

(2.) THIS Court directed counsel for the writ petitioner to serve a copy of the writ petition, supporting affidavit and typed set of papers on Mr. V. Vibhishanan, learned standing counsel, appearing for the respondents. Accordingly, the matter was listed and arguments were advanced by the counsel for either side. With the consent of counsel for the writ petitioner as well as the respondent, the writ petition itself was taken up for final disposal.

(3.) IT is the case of the petitioner that it is a registered partnership firm, that the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, was extended to beedi industries. In July, 1977, by notification dated May 17, 1977, that the second respondent on February 23, 1988, called upon the beedi manufacturers to comply with the provisions of the Act commencing from July, 1977, that the said action of the second respondent was challenged, that all the challenges were consolidated and transferred to the apex Court and the apex Court ultimately dismissed the writ petitions upholding the action, that the second respondent issued a notice under Section 7-A and that the petitioner submitted all their account books, central excise registers, wages registers, leave registers, acquittance registers and other material documents to establish the actual wages drawn by each employee.