SUNIL ENTERPRISES Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The challenge in this intra-court appeal is the order of Single Bench dated 18th April, 2012, whereby writ petition filed by petitioner/appellant assailing the order passed by Employees Provident Fund Appellate Tribunal, has been dismissed.

(3.) The petitioner establishment was covered under the provisions of Employees Provident Fund & Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act of 1952) provisionally w.e.f. 1.8.1997 vide coverage letter dated 12.3.1998. The establishment disputed the applicability of the Act of 1952, therefore, a notice under Section 7A of the Act of 1952 was issued to the establishment. The Assistant Provident Fund Commissioner afforded full opportunity to petitioner and after hearing both the parties vide its order dated 16th September, 2002 held that petitioner establishment has rightly been covered under the provisions of the Act of 1952 w.e.f. 1st August, 1997. Being aggrieved with the order passed by the Assistant Provident Fund Commissioner, the appellant filed an appeal before the Employees Provident Fund Appellate Tribunal, New Delhi, Camp Court at Jaipur, but the same was dismissed vide order dated 19th February, 2010. Thereafter, the petitioner preferred a writ petition before Single Bench, which has been dismissed. Hence, petitioner has now preferred this intra-court appeal.