KIT KAT RESTAURANT Vs. ASSISTANT PROVIDENT FUND

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and learned Counsel for the Employees Provident Fund Department.

(2.) THE petitioners are aggrieved by the order dated 8.6.2004 at Annexure -10 by which the Respondent -authorities have arrived at a determination under Section 7A of The Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act) that the establishment of the petitioners styled as M/s Kit Kat Restaurant & Bar was a continuing establishment in terms of Sec.17B to which the provisions of the Act were applicable. In consequence, a recovery certificate has been issued by order dated 12.1.2006 at Annexure -12.

(3.) LEARNED Counsel for the Respondent -authority submitted that the petitioners had the alternative statutory remedy of an appeal available under Section 7I of the Act and, therefore, the writ petition was not maintainable.