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2021 Supreme(P&H) 597

LISA GILL
Malviya Shiksha Sadan, Sonipat – Appellant
Versus
Regional Provident Fund Commissioner-ii – Respondent


Advocates Appeared:
Mr. Gaurav Mohunta, Advocate, for the Appellant; Mr. Ashish Chaudhary, Advocate for Respondents, Mr. Kamal Kant Verma, Advocate for Respondents

JUDGMENT

Lisa Gill, J. - This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

2. Petitioner - M/s Malviya Shiksha Sadan, Sonipat has filed this writ petition seeking quashing of order dated 18.02.2019 (Annexure PI) passed by the Regional Provident Fund Commissioner-II.

3. Brief facts necessary for adjudication of the matter are that respondent - employees i.e. respondents No. 3 to 7 alongwith some others, filed a complaint dated 25.07.2007 regarding their non-enrolment as EPF members from the date on which they became eligible for the same instead of 01.04.2006. The Assistant Provident Fund Commissioner vide order dated 20.05.2011, passed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short - 'the Act'), concluded that three of the complainants/employees were to be considered from the dates as mentioned in the said order on the basis of various documents like experience certificate, identity card of the school and recommendation letter of the school to the licencing authority. Establishment - petitioner, was directed to provide all the benefits due from the date of their joining

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