RAJASTHAN RAJYA SAHAKARI AWASAN SANGH LIMITED Vs. REGIONAL PROVIDENT FUND COMMISSIONER, JYOTI NAGAR, JAIPUR RAJASTHAN

JUDGEMENT

(1.) The Rajasthan Rajya Sahakari Awasan Sangh Limited, which is a Society registered under the Rajasthan Cooperative Societies Act assails the order passed by the Employees Provident Fund Commissioner dtd. 25/11/2004 whereby it has assessed dues against the Society in respect of three employees. It also assails the order passed by the Commissioner dtd. 1/5/2004 whereby review petition was dismissed and the order passed by the Employees Provident Fund Appellate Tribunal New Delhi, dtd. 9/5/2007 whereby the appeal preferred by the petitioner was dismissed on the ground of delay.

(2.) Counsel for the petitioner submits that the three employees who were with them, were transferred alongwith the Scheme to Bhankrota Phase 1 Grah Nirman Sehkari Samiti Limited as per decision taken on 20/4/1991 and all instruments and work charge employees with all liabilities and assets were handed over to the said Cooperative Society on 31/3/1991. The effect of 1/4/1991, the daily wages to these employees and deduction of PF etc. was to be effected by the transferree Society. Accordingly after 1/4/1991 the payment of daily wage to the respondents-workmen was paid by the said Society and PF amount was also deducted from the said Society, w.e.f. Feb.1996. The same was not released for the reasons best known to the said Samiti. An order was passed by the Regional Provident Fund Commissioner on 25/11/2004 holding that assessment of PF dues was to be made by the petitioner Society.

(3.) Aggrieved thereof, the petitioner had filed a review petition pointing out the facts as noted above but the review petition was rejected and, thereafter appeal was preferred and the appellate Tribunal, New Delhi had also dismissed the appeal on the ground of delay.