LAWS(MPH)-2016-4-98

DEVI AHILYA VISHWA VIDHYALAYA M/S INSTITUTE OF ENGINEERING AND TECHNOLOGY THROUGH FINANCE CONTROLLER Vs. ASSISTANT PROVIDENT FUND COMMISSIONER C-III

Decided On April 06, 2016
Devi Ahilya Vishwa Vidhyalaya M/S Institute Of Engineering And Technology Through Finance Controller Appellant
V/S
Assistant Provident Fund Commissioner C -Iii Respondents

JUDGEMENT

(1.) By this common order, we propose to dispose of all the abovenoted writ petitions together as the same involve similar points for consideration. For the sake of convenience the facts are borrowed from W.P.No.1426/2016.

(2.) The petitioner is praying for setting aside of order dated 4.2.2016 (Annexure P/12) passed in ATA No.28(8)2016 by the Employees Provident Fund Appellate Tribunal, New Delhi whereby, the appeal filed by the appellant under Section 7-I of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred as 'the Act'), has been dismissed as barred by time.

(3.) Brief facts of the case are that the Regional Provident Fund Commissioner, Indore in pursuance of Central Government Notification of the Ministry of Labour SO No.986 dated 19.2.1981, published on 6.3.1982, applied the Act on the University of Indore now known as Devi Ahilya Vishvavidhyalaya w.e.f. 1.7.1982 bearing Code No. MP/3984. The University disputed the applicability of the Act. The respondent allotted code number to the petitioner institute, Department of University for compliance w.e.f. 4.6.1996. After coverage, enforcement officer of the respondent approached the institute and asked for payment of provident fund contribution in respect of daily wages workers, failing which they will take coercive action against the institute.