R. ADINARAYANA Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) Petitioner is stated to be a contractor engaged in the business of supply of manpower to various establishments including Government Departments and that he is duly registered with the Office of the Labour Office under Sec. 12(1) of the Contract Labour (Regulation and Abolition) Act, 1970 and he has been carrying on such activity in accordance with law. It is stated, in the course of business, he entered into an agreement with the 2nd Respondent Department for the purpose of supplying certain persons as required by the said Department. Petitioner states that the agreement was initially for a period of six years commencing from 25/1/2002 and ending on 24/1/2008 and that the same was extended from time to time till February, 2010.

(2.) Respondent No.1 filed a counter stating that the averment of the Petitioner that he is not liable to pay provident fund contributions on the ground that he is not covered under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 is incorrect. Petitioner is covered under the provisions of the Act with effect from 1/4/1993 and bears Code No. AP/25159 and is therefore bound by all the provisions of the Act. It is stated, the impugned letter dtd. 30/3/2010 was issued based on a complaint dtd. 1/2/2010 received from employees deployed at Government Children Home for Boys, Warangal, by Respondent No.2, who is the principal employer, on outsourcing basis through the Petitioner, who is the contractor.

(3.) Heard Sri L. Venkateshwar Rao, learned counsel for petitioner and Ms. Deepthi Anand Varikuti, learned counsel for Respondent No.1.