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2022 Supreme(P&H) 1042

VINOD S. BHARDWAJ
Provident Fund Inspector – Appellant
Versus
M/s Baptist Senior Secondary School – Respondent


Advocates:
Mr. Sumeet Goel, Senior Advocate, with Mr. Manoj Bajaj, Advocate, for the Appellant.

JUDGMENT

Vinod S. Bhardwaj, J. - The case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

1. The instant petition raises a challenge to the order dated 06.02.2018 (Annexure P-1) passed by the Judicial Magistrate 1st Class, Bhiwani in Criminal Complaint No.29/14 dated 08.08.2014 under Section 6, 14 (1-A) and 14-A of Employees' Provident Funds & Misc. Provisions Act, 1952 titled as "Provident Fund Inspector Vs. M/s Baptist Senior Secondary School and Others, whereby the accused have been discharged.

2. A brief reference to the facts leading to filing of the instant petition shows that the complaint had been filed by the Provident Fund Inspector against the respondents under the Employees' Pension Scheme, 1995 read with Sections 6, 14(1-A) and 14A of Employees's Provident Funds & Misc. Provisions Act, 1952. The relevant averments made in the said complaint are extracted as under:

    "2. M/s Baptist Senior Secondary School, Circular Road, Bhiwani (hereinafter referred to as the said establishment) is an establishment covered under the Employees' Provident Funds & Misc. Provisions Act, 1952 (herein after refe

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