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2019 Supreme(MP) 728

SHEEL NAGU
Guru Nanak Shiksha Samiti – Appellant
Versus
Assistant Provident Fund Commissioner – Respondent


Advocates Appeared:
For the Petitioner:Shri Prashant Sharma, Advocate
For the Respondent:Shri Raj Kumar Goyal, Advocate

1. Challenge in this petition u/Art. 226 of the Constitution is to the order dated 6/8/2018, P/2 passed by the Central Government Industrial Tribunal-cum-Labour Court, Lucknow (for brevity CGIT) in appeal No. 64/2018 dismissing the appeal in question of the employer-petitioner herein and in the process confirming the order dated 17/11/2005 by which Assistant Commissioner Employees Provident Fund Organization, Sub-Regional Office, Gwalior determined an amount of Rs. 61,8802/-as due against the petitioner-employer.

2. Learned counsel for the rival parties are heard on the question of admission.

3. Learned counsel for petitioner primarily submits that though there is no dispute over the quantum of dues determined by the EPF Organization since the assessment has been made based on records of the establishment but it is submitted that all the employees of the petitioner-establishment have applied for waiver of their amount for contribution and thus no amount as assessed is due u/S. 7A of the Employees Provident Fund & Miscellaneous Provisions Act, 1952 (for brevity the 1952 Act).

4. It is seen from the record that the petitioner-establishment had raised the aforesaid plea before the Ass

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