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2014 Supreme(Del) 2798

V.KAMESWAR RAO
Regional P. F. Commissioner – Appellant
Versus
SIEL Foods and Fertilizer Industries & Anr. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajesh Manchanda, Advocate.
For the Respondent No. 1:Mr. Sandeep Prabhakar and Mr. Vikas Mehta, Advocates.

V. Kameswar Rao, J.:--

1. Since these two writ petitions involves challenge to a common order dated January 07, 2000 passed by the Employees’ Provident Fund Appellate Tribunal (Tribunal, in short) in two appeals i.e. ATA 4/(7) 1999 and ATA/4(10) 1998 between the parties herein, with the consent of the learned counsel for the parties, are being disposed of by this common order. The parties shall be referred as petitioner and respondent No. 1, as per their status in W.P.(C) No. 4035/2000.

2. Vide the impugned order, the aforesaid appeals filed by the respondent No. 1 herein have been allowed and the orders dated December 02/06, 1994 and July 17, 1998 have been set aside. The brief facts, as culled out from the record are, the petitioner alleged that a team of Enforcement Officers visited the respondent No. 1-establishment and found that the respondent No. 1-establishment failed to extend Provident Fund benefits to transport contractors’ workers; failed to pay Provident Fund contributions on special allowance and also failed to pay arrears of Provident Fund dues on salaries upto to the limit of Rs. 3500/- with respect to 19 employees w.e.f. November 01, 1990. On October 15, 1991, summon





















































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