ALL INDIA FOOD CORPORATION OF INDIA WORKERS UNION Vs. PRESIDING OFFICER, EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL

JUDGEMENT

(1.) The petitioner - All India Food Corporation of India Workers Union and another ( for short, hereinafter referred as 'Workers Union') are aggrieved by the order dated 8.10.2012 by which the Employees Provident Fund Appellate Tribunal, New Delhi (for short, hereinafter referred as 'Tribunal'), set aside the order dated 28.2.2011 (Annexure P-7), by which the 2nd respondent had directed the Food Corporation of India to comply with the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short, hereinafter referred as 'EPF Act, 1952'), and to deposit the determined amount of Rs. 80,32,663/- being the provident fund in respect to the Workers Union in Jagraon, District Ludhiana, for the period December 1980 to October 1985 and June 1988 to July 1988 and further Tribunal remanded the matter to the 2nd respondent to decide 7-A of EPF proceedings afresh.

(2.) On 30.3.1992, under Section 7-A proceedings of the EPF Act, 1952, Assistant Provident Fund Commissioner, determined the provident fund amount towards Workers Union of Food Corporation of India and directed the 4th respondent to deposit the determined amount of Rs. 80,32,663/- for the period December 1980 to October 1985 and June 1988 to July 1988. The 4th respondent is stated to have questioned the validity of the identical orders before this Court. On 18.9.2006, this Court disposed of writ petitions filed by the 4th respondent. Still aggrieved by the order of the learned Single Judge, the 4th respondent preferred LPA. The 4th respondent's LPA No. 164 of 2008 was dismissed.

(3.) On 13.3.2009 Regional Provident Fund Commissioner, decided identical matters. Consequently, appeal was preferred before the Tribunal and the Tribunal dismissed the appeal on 8.1.2011. Whereas on 28.7.2009, the Supreme Court remanded the matter to this Hon'ble Court vide Annexure P-5 and on 1.11.2010, the Division Bench of this Court decided the cases after remand by common judgment.