SAJJAN KUMAR AGARWAL Vs. EMPLOYEES PROVIDENT FUND ORGANISATION

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This writ petition has been filed challenging the order dtd. 3/11/2010 passed under Sec. 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 by the Regional Provident Fund Commissioner, Ranchi whereby he has been pleased to direct the petitioner to pay an amount of Rs.1,42,104.00 and also Challenging the appellate order dtd. 17/9/2015, passed in ATA No. 100(18)2011, by the Employees Provident Fund Appellate Tribunal, New Delhi, whereby the learned Tribunal has been pleased to dismiss the appeal filed by the petitioner.

(3.) The learned counsel for the petitioner submits that an inspection was conducted in the premises of the petitioner and a report was prepared. The report has been placed on record by the respondents in their supplementary counter affidavit dtd. 2/9/2024. The report is dtd. 15/2/1999 as Annexure-A. She submits that in the said report it has been mentioned that 21 employees were found working, However, there is no mention that the list of employees was also prepared and the list of employees was a part of the report. She submits that the first page of the report shows the receiving of the petitioner but at the same time a list of employees has been annexed to the report said to be prepared on the same day but the list of the employees does not show any receiving by the petitioner. She has submitted that neither the report mentioned about the list of employees as enclosure nor the document of list of employees shows any receiving of the petitioner. The learned counsel has further submitted that on the face of the list of employees, only the first name of the persons has been mentioned without their parentage and their address and the identity of such persons is itself incomplete. The learned counsel has submitted that an ex-parte order under Sec. 7-A was passed on 30/7/2004/4/8/2004 (Annexure-5) wherein the dues of Employees Provident Fund was calculated for the period from 02/1999 to 07/2003.