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2020 Supreme(SC) 691

NAVIN SINHA, SURYA KANT
PANTHER SECURITY SERVICE PRIVATE LIMITED – Appellant
Versus
EMPLOYEES’ PROVIDENT FUND ORGANISATION – Respondent


Advocates Appeared:
For the Appellant(s) : Mr. Sudarshan Singh Rawat, AOR
For the Respondent(s): Ms. Divya Roy, AOR

JUDGMENT :

NAVIN SINHA, J.

The appellant is engaged in the business of providing private security guards to its clients on payment basis. The appellant is registered under the Private Security Agencies (Regulation) Act, 2005 (hereinafter referred to as “the Act of 2005”). The appellant is aggrieved by the order of the High Court, affirming the order dated 28.07.2008 of the Assistant Provident Fund Commissioner, Kanpur under Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as “the EPF Act”) holding the appellant liable for compliance with the provisions of the EPF Act and to deposit statutory dues within 15 days. The dues of the appellant as quantified by order dated 15.04.2009 are Rs.42,01,941/-, and statutory interest under Section 7Q at Rs.30,44,224/-.

2. Shri S. Sunil, learned counsel for the appellant submitted that the appellant was not covered by G.S.R. No.805 dated 17.05.1971 issued under Section 1(3)(B) of the EPF Act, since it was not engaged in rendering any expert services. It merely facilitated in providing Chowkidars to its clients at the request of the latter. The appellant only levelled a service charge for fac

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