JAGARAN PRAKASHAN LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) E instant intra-court appeal has been filed under clause 10 the Letters Patent against the order dated 11.05.2018 passed in W.P. (C) No. 4690 of 2016 whereby and whereunder, the writ Court has refused to interfere with the order dated 08.04.2016 passed by the respondent no. 3-the Regional Provident Fund Commissioner, Ranchi, by which, the respondent no. 3 came to the conclusion that respondent no. 6 was continuously in service of the writ petitioner-company even for the period April, 2006 to April, 2009, was an employee within the meaning of Section 2 (f) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and declared the respondent no. 6 to be eligible for the membership of the Employees' Provident Funds Scheme.

(2.) Before entering into the legality and propriety of the impugned order, it requires to refer certain factual aspects of the case which are necessary to be enumerated here under as:-

(3.) Mr. Mrinal Kanti Roy, learned counsel appearing for the writ petitioner-appellant has submitted that it is not a case of conducting an enquiry under Paragraph 26B of the Scheme, 1952, rather if there was any denial of the deposit of subscription amount of respondent no. 6, the provision as contained under Section 14 of the Act, 1952 ought to have been resorted to Submission has been made that respondent no. 6 initially was appointed but subsequent thereto, had been retrenched and again reinstated in service, as such during the intervening period i.e., from April, 2006 to April, 2009, he had never been an employee of the appellant-writ petitioner within the meaning as prescribed under Section 2 (f) of the Act, 1952 rather according to him, the statutory desposit during the said period, has been paid by the contractor but without taking into consideration the aforesaid aspect of the matter, the respondent no. 3-Regional Provident Fund Commissioner has passed order dated 08.04.2016, which has been declined to be interfered with by the learned Single Judge.