HOTEL HORIZON PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners by this Petition take exception to the order passed by the Assistant Provident Fund Commissioner and Recovery Officer dated March 3,2005 whereby he was pleased to direct the petitioners to pay an amount of Rs 6,26,193.55 towards the liability of the petitioners for payment of interest on account of delayed remittances.

(2.) Brief facts which are relevant for the purpose of deciding this Petition are as under:

(3.) Petitioner No. 1 is a Company incorporated under the Companies Act and the 2nd and 3rd petitioners are Directors of the said Company. Petitioner-Company had employed about 72 workmen in its hotel at Juhu. It is the case of the petitioners that in June 1999 the workmen went on strike and, as a result, the business of the petitioners came to a stand- still and business operations of the Petitioner-Company were completely paralyzed. It is the case of the petitioners that though petitioner Nos. 2 and 3 are the Directors of the said Company, they do not fall within the definition of the term "employer " as defined under the provisions of the Employees Provident Fund & Miscellaneous Provisions Act, 1952 (For short "EPF Act").