HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.28046 of 2014

ORDER:

This writ petition is filed aggrieved by the order, dated

18.07.2014 passed by respondent No.1 in A.T.A.No.386(1)

2012.

2. The case of the petitioner is that respondent No.2 is an establishment covered under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short “the Act”) and as respondent No.2 failed to pay the dues in respect of certain employees, an enquiry under Section 7-A of the Act was initiated by the petitioner and an order, dated 24.02.2012 was passed treating the honorarium paid to the lecturers appointed for stop gap arrangement as wages and determining the Provident Fund dues. Aggrieved by the same, respondent No.2 filed A.T.A.No.386(1)2012 before respondent No.1.

3. The contention of respondent No.2 before the Tribunal is that stop-gap arrangement cannot be treated as permanent employment to fasten the liability on it for remitting the contributions under the provisions of the Act. It is also contended that the lecturers/teachers were engaged for shorter duration during the absence of regular lecturers and therefore, the employees working on payment of hon