HOTEL ARIHANT PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner in this writ application, has prayed for quashing the order dated November 25, 2004 (Annexure-9) passed by the respondent No. 3, whereby the review application filed by the petitioner against the earlier order dated November 10, 2003 (Annexure-6), was dismissed on merits.

(2.) Petitioner is the owner of a hotel establishment. The Enforcement Officer of the Employees' Provident Fund, had visited the hotel establishment and had demanded the relevant registers pertaining to the employees of the establishment. The person incharge of the hotel management, had produced the salary register and on perusal, the Enforcement Officer had observed that the establishment had employed more than ten employees. It also appears that a written declaration was given by the representative of the owner of the establishment acknowledging therein that the total number of employees employed were , twenty.

(3.) On the basis of the above acknowledgment, and on the basis of the inference drawn from the salary register, the Enforcement Officer had issued notice directing the petitioner to appear before him for the purposes of assessing the amount payable by the petitioner establishment towards the P.F. contribution of its employees.