Advocates:
['MANISH K BISHNOI', '', 'HARSH WARDHAN', 'DEVENDRA PATEL', 'PRADEEP SAKSENA', '', 'PANKHURI SAXENA', 'Y C SHARMA', 'VIVEK RATHORE', 'PUSHKAR SINHA']

W.P.(L)Nos.6264/2011, 6263/2011,

6262/2011 & 6261/2011

Page 1 of 29

AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Petition (L) No.6264 of 2011

Sunshine Caterers Pvt. Ltd., A Private Company

incorporated under the provisions of the Companies Act,

1956, having its registered office at Opposite Railway

Station, Station Road, Durg, Chhattisgarh. Through its

Authorised Representative Rakesh Kumar Agrawal, S/o

Late Shri G.D. Agrawal, aged about 47 years, R/o Road

No.4, Deepak Nagar, Durg, District Durg, Chhattisgarh.

---- Petitioner

Versus

1. Employees Provident Fund Appellate Tribunal, Ministry of

Labour and Employment, Government of India, 4^th Floor,

Core-2, Scope Minar, Laxmi Nagar, Delhi – 110 092.

2. Assistant Provident Fund Commissioner, Office of the

Employees Provident Fund Organisation, Regional Office,

Nav Bharat Press Complex, Raipur, Chhattisgarh.

---- Respondents

Writ Petition (L) No.6263 of 2011

Sunshine Caterers Pvt. Ltd., A Private Company

incorporated under the provisions of the Companies Act,

1956, having its registered office at Opposite Railway

Station, Station Road, Durg, Chhattisgarh. Through its

Authorised Representative Rakesh Kumar Agrawal, S/o

Late Shri G.D. Agrawal, aged about 47 years, R/o Road

No.4, Deepak Nagar, Durg, District Durg, Chhattisgarh.

---- Petitioner

Versus

1. Employees Provident Fund Appellate Tribunal, Ministry of

Labour and Employment, Government of India, 4^th Floor,

Core-2, Scope Minar, Laxmi Nagar, Delhi – 110 092.

2. Assistant Provident Fund Commissioner, Office of the

Employees Provident Fund Organisation, Regional Office,

Nav Bharat Press Complex, Raipur, Chhattisgarh.

---- Respondents

W.P.(L)Nos.6264/2011, 6263/2011,

6262/2011 & 6261/2011

Page 2 of 29

Writ Petition (L) No.6262 of 2011

Sunshine Caterers Pvt. Ltd., A Private Company

incorporated under the provisions of the Companies Act,

1956, having its registered office at Opposite Railway

Station, Station Road, Durg, Chhattisgarh. Through its

Authorised Representative Rakesh Kumar Agrawal, S/o

Late Shri G.D. Agrawal, aged about 47 years, R/o Road

No.4, Deepak Nagar, Durg, District Durg, Chhattisgarh.

---- Petitioner

Versus

1. Employees Provident Fund Appellate Tribunal, Ministry of

Labour and Employment, Government of India, 4^th Floor,

Core-2, Scope Minar, Laxmi Nagar, Delhi – 110 092.

2. Assistant Provident Fund Commissioner, Office of the

Employees Provident Fund Organisation, Regional Office,

Nav Bharat Press Complex, Raipur, Chhattisgarh.

---- Respondents

AND

Writ Petition (L) No.6261 of 2011

Sunshine Caterers Pvt. Ltd., A Private Company

incorporated under the provisions of the Companies Act,

1956, having its registered office at Opposite Railway

Station, Station Road, Durg, Chhattisgarh. Through its

Authorised Representative Rakesh Kumar Agrawal, S/o

Late Shri G.D. Agrawal, aged about 47 years, R/o Road

No.4, Deepak Nagar, Durg, District Durg, Chhattisgarh.

---- Petitioner

Versus

1. Employees Provident Fund Appellate Tribunal, Ministry of

Labour and Employment, Government of India, 4^th Floor,

Core-2, Scope Minar, Laxmi Nagar, Delhi – 110 092.

2. Assistant Provident Fund Commissioner, Office of the

Employees Provident Fund Organisation, Regional Office,

Nav Bharat Press Complex, Raipur, Chhattisgarh.

---- Respondents

For Petitioner:

Mr. Manish K. Bishnoi and Mr. Harsh

W.P.(L)Nos.6264/2011, 6263/2011,

6262/2011 & 6261/2011

Page 3 of 29

Wardhan, Advocates.

For Respondent No.2: -

Mr. Pradeep Saksena, Advocate.

For Intervener: -

Mr. Y.C. Sharma and Mr. Govind

Dewangan, Advocates.

Hon'ble Shri Justice Sanjay K. Agrawal

CAV Order

04/01/2016

1. Superb question of law involved in this batch of writ

petitions is whether the Assistant Provident Fund

Commissioner is justified in holding that “Commission

Vendors” engaged by the petitioner/its predecessors-in-

interest for selling its