MAHAKOUSHAL GASOLENE ENTERPRISES Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) This appeal under Section 2(1) of the M.P Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005, calls in question the tenability of an order dated 29.8.2000 passed by the learned Single Judge in W.P. No.374/2000.

(2.) Appellant herein M/s Mahakoushal Gasolene Enterprises is a propriety concern engaged in the business of distribution of Liquid Petroleum Gas Cylinder in the township of Jabalpur. It is a case of the appellant that it has awarded the distributorship on behalf of M/s Hindustan Petroleum Corporation a Government of India undertaking.

(3.) It is the case of the appellant that the authorities exercising the powers under Section 7A for determining the applicability of the Act of 1952 to the appellant's establishment have clubbed together two different business organization of the appellant. It is said that clubbing together has been done in an arbitrary manner without giving due opportunity of defense to the appellant and by holding that appellant has not produce substantial evidence, therefore, liability is imposed.