GULATI AUTO ENGINEERS Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition seeks quashing of the order dated 15.02.1995 passed by the Assistant Provident Fund Commissioner (Respondent No.2). By the said order, the petitioner has been directed to make payment of the dues assessed in terms of an earlier order dated 30.11.1988 (Annexure-3), after finding that the establishment was covered under the provisions of Section 7-A of the Employees Provident Fund Act, 1925 (hereinafter referred to as "the Act") from 01.06.1982, on the basis of an employee strength of 21 persons on regular basis.

(2.) The brief history of the admitted facts of the case may be indicated herein.

(3.) It appears that pursuant to an inspection conducted on 01.06.1982 by the Provident Fund Inspector, it was found that 21 persons were working in the petitioner's establishment at the time of inspection. Based on the inspection report, the petitioner was held liable under the provisions of the Act and accordingly a demand was raised against the petitioner in terms of the order dated 30.11.1988 (Annexure-3) passed under Section 7-A of the Act.