STATESMAN LTD. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ application has been preferred challenging an order dated June 30, 2014 vide No.385 - LW /PF - 48 /2009 issued by the respondent no.2 /The Secretary, Labour Department, and Memo No. R - EX /WB /1266 /385 (INDEX) /CC - VI /RO /KOL /781(i) dated July 30, 2014 issued to the Senior Vice President and the Chairman, BOT, the Statesman Ltd. by the respondent No.5/the R.P.F. Authority and give the petitioner sufficient opportunity to be heard on production of all documents. The petitioner has further challenged, Memo No. A /SPL /Security /WB/1266 /RO /1259 (i), dated August 05, 2014, issued to the petitioner by the respondent No.5/RPF Authority. The final relief prayed for by the petitioner is to stop the cancellation of the exemption for the employees of the petitioner company under the provision of Sec. 27A of the Employee's Provident Fund Scheme.

(2.) The petitioner's case is that the establishment of the Petitioner company continued to be governed by the condition of exemption as notified in terms of Sec. 17(1)(a) of the said Act, and at all material times, was applicable to the establishment of the Petitioner.

(3.) Since the said establishment in respect of the said company was declared to be an "exempted establishment" in terms of the provisions contained in Sec. 17 of the said Act of 1952, a Board of Trustees was duly established for the administration of the affairs relating to collection, deposit, investment and all other matters relating to provident fund contributions of the employees of the said company.