FARUKHI GLASS INDUSTRIES Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The petitioner has challenged an order passed under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, contained in Annexure 1 to the writ petition, being dated 2nd June,98. Learned counsel for the petitioner Mr. S.K. Srivastava contends that the said order for determination of the amount has been undertaken in view of the Circular dated 24th December, 97. From the face of the order, it appears that the said order does not conform to the said Circular dated 24th December,97, which is Annexure II to the writ petition as such the order is per-se illegal, and therefore, it should be set aside. Accordingly, he contends that while calculating the amount, the authorities have taken into account identified class of employees irrespective of the facts whether they were in service or they are in service, who have not been enrolled as Provident Fund Members due to amendment in paragraph 26 of the Employees' Provident Fund Scheme, 1952. According to him, those who had left the service, their case cannot be included within the calculation by virtue of the provisions contained in the said Circular. Therefore the said order impugned, contained in Annexure, I should be quashed.

(2.) Mr. Satish Chaturvedi, learned counsel for the respondents on the other hand contends that the order being an order passed under Section 7A(I) of the said Act, is appelable. As such on account of alternative remedy, the petition is not maintainable. Whether persons who had left service or not or enrolled or not have been included or not, are disputed questions of fact, which cannot be gone into in writ jurisdiction. Therefore, writ petition should be dismissed.

(3.) I have heard learned counsel for both the parties. In my view, it appears that on account of existence of an alternative remedy, this writ petition may not be entertained by this Court. Therefore, it is not necessary to go into the merits of the case. All points taken in this writ petition, are being kept opened for being agitated before the proper forum.