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2010 Supreme(Del) 392

RAJIV SAHAI ENDLAW
NOVELTY CINEMA – Appellant
Versus
REGIONAL PROVIDENT FUND COMMISSIONER – Respondent


Advocates appeared:
Mr. Harish Malhotra, Sr. Advocate with Mr. R.K. Modi, Advocate.
Mr. R.C. Chawla, Advocate.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. The petitioners by this petition impugn the order dated 25th November, 1982 of the respondent no.1 Regional Provident Fund Commissioner (RPFC) holding the petitioners liable for deposit of provident fund of the workers engaged in the canteen and cycle stand at Novelty Cinema, Delhi and also the consequent order dated 19th April, 1983 determining a sum of Rs.89,801.30p to be due and demanding the same from the petitioners. This Court by an interim order stayed the recovery subject to the petitioners furnishing a bank guarantee.

2. The petitioner no.1 M/s Novelty Cinema near Old Delhi Railway Station is stated to be owned and run by a partnership concern of the petitioners no. 2 to 4. Cinematographic films were exhibited in the said cinema and the same was covered under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. The petitioners had given some space in the premises of said cinema to one Sh. P.C. Mathur for running a canteen and another portion to one Sh. Ram Kishan for running a cycle stand. It is the case of the petitioners that the said canteen and cycle stand otherwise had no connection with the running of the said cin




























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