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2022 Supreme(Mad) 3411

S. SRIMATHY
Regional Provident Fund Commissioner, Madurai – Appellant
Versus
Presiding Officer, New Delhi – Respondent


Advocates appeared:
For the Petitioner:K. Murali Sankar, Advocate. For the Respondents:R1, Tribunal, R2, K. Hema Karthikeyan, Advocate.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records relating to the order in ATA.No.440 (13) 2011 dated 03.02.2012 passed by the first respondent tribunal and quash the same.)

1. This Writ petition had been filed for issuance of writ of Certiorari to quash the order passed in ATA.No.440 (13) 2011 dated 03.02.2012 passed by the first respondent tribunal.

2. The brief facts as stated in the affidavit are that the second respondent is an establishment covered under the provisions of Employees Provident Fund Act, 1954. A surprise inspection was conducted by a squad and the said squad in its report dated 29.06.2010 noticed that the establishment was "under reporting" the number of its employees. Even regular workmen were falsely shown as apprentice. Therefore, summons was issued to the establishment and proper enquiry was held. After giving opportunity to the second respondent, the order dated 06.04.2011 was passed, determining the contribution payable for the un-enrolled employees, who were shown as apprentices. Aggrieved over the same, the establishment preferred the appeal in ATA N

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