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2017 Supreme(Bom) 1307

B.P.DHARMADHIKARI, ROHIT B.DEO
Aniket College of Social Work – Appellant
Versus
Assistant Provident Fund Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Appellant :S.S. Ghate, Advocate
For the Respondents:R.S. Sundaram, Advocate, A.S. Fulzele, Acting Government Pleader

JUDGMENT :

Rohit B. Deo, J.

1. This letters patent appeal assails the judgment and order of the learned Single Judge dated 08122003 in Writ Petition 2493/2003 dismissing the writ petition and affirming the order and determination dated 04012000 under Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short “the Act”) made by respondent 1.

2. FACTUAL MATRIX:

2.1 The petitioner is a society registered under the Societies Registration Act, 1860 and the Maharashtra Public Trusts Act, 1950. The petitioner is an educational institution, which conducts courses of Bachelor of Social Work and Master of Social Work from a rented premises at Desaiganj Wadsa in Gadchiroli District.

2.1 Pursuant to an inspection and enquiry conducted by the Enforcement Officer appointed under Section 13(1) of the Act, the authority under the Act prima facie found the petitioner in default in remittance of provident fund, family pension fund and insurance fund contribution and administrative charges payable in accordance with the provisions of the Act, the Employees’ Provident Funds Scheme, 1951, the Employees’ Family Pension Scheme, 1971 and the Employees’ Deposit Linked Insuran











































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