M/S. BHARAT BATTERY MANUFACTURING CO. PRIVATE LTD. & ANR. Vs. THE REGIONAL PROVIDENT FUND COMMISSIONER-II ETC. & ORS.

JUDGEMENT

(1.) THE petitioners in this WP under art.226 dated November 19, 2010 are questioning an order of the Regional Provident Fund Commissioner -II dated October 6, 2010(WP p.58) withdrawing the relaxation granted under para.79 of the Employees' Provident Funds Scheme, 1952. In para.4 of the WP it has been stated that since the benefits under its own rules were more beneficial, the establishment was granted relaxation under para.79 of the Scheme in 1952. In para.5 of the WP it has been stated that an application for final exemption under s.17(1)(a) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 was submitted on July 20, 2007.

(2.) PARAGRAPH 79 of the Scheme is as follows: -

(3.) MR . Ali appearing for the petitioners has strenuously argued that it was for the Commissioner alleging breach of the terms and conditions of the relaxation to produce the order of relaxation and show which term or condition the petitioners violated.