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2018 Supreme(Jhk) 1194

RAJESH SHANKAR
N. P. Construction, Chas, Bokaro, through its Manager, Ajit kumar Singh – Appellant
Versus
Employees Provident Fund Organization (Ministry of Labour, Government of India) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ashutosh Anand
For the Respondents: Mr. Rupesh Singh

JUDGMENT :

1. The present writ petition has been filed for quashing the order dated 24.04.2018 (Annexure-4 to the writ petition) passed by the Regional Provident Fund Commissioner-II, Employees’ Provident Fund Organization (Ministry of Labour & Employment, Government of India), Regional Office, Ranchi, Jharkhand (respondent No.2) under Section 7C of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (in short ‘the Act, 1952’) directing the petitioner to pay the PF liability within a period of 15 days on the ground that the overtime allowance was not considered earlier while determining the same.

2. The factual background of the case, as stated in the writ petition, is that a proceeding was initiated under Section 7A of the Act, 1952 by the Assistant Provident Fund Commissioner, Regional Office, Ranchi (respondent No.3) and vide order dated 28.05.2009, the petitioner-organization was directed to deposit a sum of Rs.3118/- over and above an amount of Rs.63,73,319/- deposited by the petitioner as dues and further Rs.64,382/- as interest under Section 7Q of the Act, 1952. The petitioner deposited Rs.67,500/- on 10.07.2009 through demand draft. Subsequently, a vigilance






















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