MUNICIPAL COUNCIL Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) BY this writ petition the petitioner has challenged the impugned order dated July 21, 1981 (Annexure 3) whereby the establishment was directed to make compliance of the provision of the 'employees' Provident Funds and Miscellaneous Provisions Act, 1952' within a period of 10 days of receipt of this order, failing which enquiry under Section 7-A of the Act would continue for assessment of the dues.

(2.) THE petitioner is a statutory body created under Rajasthan Municipalities Act, 1959. The petitioner is required to clean the city and preserve the health safely and convenience of the people within the limits of municipality. For this purpose the petitioner is maintaining some vehicles. The petitioner has its own workshop for repairing of the vehicles. The Respondent No. 2 sent a registered notice dated October 21, 1975 asking the petitioner to deposit the charges with the Regional Provident Fund Commissioner for the months of January 1975 to July 1975 and it was further held that the petitioner is liable to pay the charges under the scheme provided under the Act. In reply to this notice the petitioner submitted that the petitioner has its own workshop where the minor repairs and servicing is carried on, and the employees in workshop are enjoying the benefits of Pension, Provident Fund and Gratuity under the scheme of Rajasthan Municipalities (Contributory Provident Fund and Gratuity) Rules, 1969. Thereafter one more registered letter was sent to the petitioner dated August 6, 1981 alongwith the letter dated July 21, 1981 requiring him to make payment of provident fund within 10 days.

(3.) BEING aggrieved by the impugned order July 21, 1981 this writ petition has been filed in 1984.