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1989 Supreme(SC) 544

T.K.THOMMEN, K.JAGANNATHA SHETTY
Food Corporation Of India – Appellant
Versus
Provident Fund Commissioner – Respondent


Advocates:
C.S.VAIDYANATHAN, G.L.SANGHI, K.V.MOHAN, S.R.Setia, Y.P.RAO

Judgment

JAGANNATHA SHETTY, J.-Special leave granted.

2. Having heard counsel on both sides and having perused the material on record, we are of opinion that the matter requires reconsideration by the Provident Fund Commissioner.

3. The Food Corporation of India has depots located at various places in Rajasthan for handling, storing and transporting foodgrains and other articles. It has appointed contractors for execution of such works and the contractors in turn engaged some workers. In respect of such workers, the Provident Fund Commissioner called upon the Corporation to deposit contribution payable under the Employees Provident Fund Act and the scheme framed thereunder. When there was non-compliance, the Commissioner made an order under Section 7-A of the said Act determining amount payable by the Corporation. Being aggrieved by that determination, the Corporation moved the High Court for relief under Article 226 of the Constitution. The High Court has dismissed the petition.

4. Hence the Corporation has appealed to this Court.

5. The grievance complained of by the Corporation is that it was denied of reasonable opportunity to produce material in proof of identification of the work














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