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2023 Supreme(Del) 4022

SATISH CHANDRA SHARMA, SANJEEV NARULA
Naveen Vidya Bharti Public Higher Secondary – Appellant
Versus
Assistant Provident Fund Commissioner & Assessing Officer – Respondent


Advocates appeared:
Mr. Ramesh Kr. Mishra, Mr. Shivam Tiwary, Mr. Kumar Abhinandan and Ms. Kirti Paliwal, Advocates, for the Appellant.
Mr. Kamaldeep, Proxy Advocate for Mr. A.K. Dey, Advocate for R-1.

JUDGMENT

Satish Chandra Sharma, C.J.

1. The present LPA arises out of a judgment dated 22.07.2019 passed by the learned Single Judge in W.P.(C.) No. 11075/2016 titled M/S Naveen Vidya Bharti Public Higher Secondary School Thr Its Director Vs. The Assistant Provident Fund Commissioner, Bhopal, by which the learned Single Judge has upheld the order passed by the Employees Provident Fund Appellant Tribunal (the "EPFAT") dated 22.11.2013 (the "Writ Petition").

2. The facts of the case reveal that M/s Naveen Vidya Bharti Public Higher Secondary School, bearing Code No. MP/21897 (the "Appellant Establishment") was not complying with the statutory provisions as contained under the Employees. Provident Fund and Miscellaneous Provisions Act, 1952 (the "Act").

3. The Appellant Establishment was subjected to the rigors of the Act from 01.01.2010. Subsequently, proceedings were carried out under Section 7A of the Act and the Enforcement Officer (as defined under the Act) (the "EO") appointed under Section 13(1) of the Act submitted his inspection report on 09.09.2011 in relation to compliance under the Act qua the Appellant Establishment (the "Report").

4. The Appellant Establishment agreed

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