Delhi High Court - Orders
M/S Meet Pvt Ltd vs Kamal Singh And Anr on 12 December, 2023
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9061/2023& CM APPL. 34486/2023.
M/S MEET PVT LTD ..... Petitioner
Through: Mr. Maneesh Gumber, Mr. Tarun
Gumber and Mr. Rohit Khan Kriyal,
Advocates.
versus
KAMAL SINGH AND ANR ..... Respondents
Through: Mr. Narender Kumar, Advocate for R-
2/EPFO.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 12.12.2023
1. This petition has been filed for setting aside order dated 31st March, 2023, passed by the Regional Provident Fund Commissioner-II, Regional Office, Delhi (East), under para 26B of the Employees' Provident Fund Scheme, 1952, directing the Petitioner Management to enrol the employee, Mr. Kamal Singh, w.e.f. 01st April, 2016 to 16th May, 2020, and extend EPF and allied benefits to him. Further, inquiry under Section 7A of the EPF and MP Act, 1952, has been recommended against the Petitioner Establishment in respect of the said worker, Mr. Kamal Singh.
2. Learned counsel for the Petitioner contends that the management had very categorically stated before the Competent Authority that the said worker had been employed with the management from 01st December, 2010 to March, 2014 and he was an excluded employee at that stage.
3. The complaint has been filed by him after more than 7 years.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2023 at 22:39:52 Moreover, the finding in the impugned order relates to a much later period of 2016-2020 on the basis that the said Kamal Singh had received amounts from M/s Kala Fashion and M/s Simran Enterprises, contracting agencies, who were also doing work for the management. However, it was not verified whether the money paid by the two contractors related to the work done for the petitioner management, since the contractors were never summoned in the assessment process.
4. Issue notice. Learned counsel for respondent No.2/ EPFO accepts notice.
5. Let notice be served on respondent No.1 on steps being taken by the petitioner through all permissible modes including electronic modes, returnable on 29th May, 2024.
6. Copy of the order be uploaded on the website of this Court.
ANISH DAYAL, J DECEMBER 12, 2023/RK Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2023 at 22:39:52