Madhya Pradesh High Court
Parle Agro Private Limited A Company ... vs Employees Provident Fund Organisation on 26 April, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 26 th OF APRIL, 2024
WRIT PETITION No. 4079 of 2024
BETWEEN:-
PARLE AGRO PRIVATE LIMITED A COMPANY
INCORPORATED UNDER THE PROVISIONS OF
COMPANIES ACT 1956 HAVING ITS REGISTERED
OFFICE AT OFF WESTERN EXPRESS HIGHWAY SAHAR
CHAKALA ROAD PARSIWADA ANDHERI (EAST)
MUMBAI & MANUFACTURING UNIT AT PLOT NO.44-46,
NEW INDUSTRIAL AREA, ZONE-II, MANDIDEEP,
DISTRICT RAISENT (MP) AND ALSO AT MEERUT ROAD,
GHAZIABAD (UTTAR PRADESH) THROUGH ITS
AUTHORIZED REPRESENTATIVE MR. PANKAJ THAKUR
S/O LATE SHRI H.S. THAKUR AGED ABOUT 42 YEARS
MANUFACTURING UNIT AT PLOT NO. 44-46 NEW
INDUSTRIAL AREA ZONE-II, MANDIDEEP DISTRICT
RAISEN (MADHYA PRADESH)
.....PETITIONER
(BY SHRI JAIDEEP SIRPURKAR - ADVOCATE)
AND
1. EMPLOYEES PROVIDENT FUND ORGANISATION
THROUGH ITS COMMISSIONER PROVIDENT
FUND OFFICE 59, ARERA HILLS BHOPAL, BHOPAL
(MADHYA PRADESH)
2. REGIONAL PROVIDENT FUND COMMISSIONER-I
AND RECOVERY OFFICER REGIONAL OFFICE
BHOPAL, DISTRICT BHOPAL (MADHYA PRADESH)
3. ASSISTANT PROVIDENT FUND COMMISSIONER
REGIONAL OFFICE BHOPAL, BHOPAL (MADHYA
PRADESH)
4. M/S SHIV SHANKAR MISHRA M-209 DUPLEX
PATEL NAGAR MANDIDIP, DISTRICT RAISEN
THROUGH ITS WORKING PARTNER (MADHYA
PRADESH)
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 4/27/2024
1:26:59 PM
2
.....RESPONDENTS
(SHRI ABHISHEK ARJARIA - ADVOCATE FOR THE RESPONDENT NOS.1
TO 3)
This petition coming on for admission this day, th e court passed the
following:
ORDER
By the present petition under Article 226 of Constitution of India, the petitioner has challenged the issuance of demand notice dated 25.01.2024 (Annexure-P/3) under the provisions of Section 8(B) to Section 8(G) of the Employees Provident Fund and Miscellaneous Provision Act, 1952 (for short 'Act') whereby a notice was issued prior to attachment of movable and immovable properties of the petitioner - Parle Agro Private Limited Company upon the allegation that recovery was initiated against one M/S Shiv Shankar Mishra, Mandideep, Raisen (respondent No.4 herein) under the provisions of the Act, 1952 and the petitioner-company being the principal employer is also liable to pay the dues.
2. Learned counsel for the petitioner submits that alongwith the demand notice, relevant documents were not supplied and petitioner-company was not granted any opportunity to submit its case and directly a demand notice has been issued under Section 8(B) to Section 8(G) of the Employees Provident Fund and Miscellaneous Provision Act, 1952. He further submits that after receipt of demand notice, the petitioner demanded the relevant documents through E-mail dated 05.02.2024, but the documents have not been supplied till today. He prays for quashing the demand notice dated 25.01.2024.
3. Learned counsel appearing on behalf of the respondent Nos.1 to 3/E.P.F. submits that order was passed by Regional Provident Fund Commissioner-II, RO, Bhopal in respect of the petty contractor of the Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/27/2024 1:26:59 PM 3 petitioner-company in the proceedings initiated under Section 7 A of the Act, 1952 and the petitioner being the principal employer is also liable for the same. However, he fairly accepted that the relevant documents were not annexed with the demand notice dated 25.01.2024 and the department has filed the relevant documents alongwith the return of the present petition. He further submits that upon issuance of demand notice, the petitioner may appear before the competent recovery officer and submit its objections and the competent recovery officer will consider & decide the same in accordance with law after giving opportunity of hearing to the petitioner-company. He prays for dismissal of the present petition.
5. Considering the submissions made by learned counsel for the parties and the material available on record, this petition is disposed of with the following directions:-
(i) The petitioner-company is at liberty to file the detailed objection to the demand notice dated 25.01.2024 before the Recovery Officer within a period of 15 days from today.
(ii) If the petitioner wishes to file objections before the Recovery Officer, the same shall be decided by the Recovery Officer on its own merits after giving opportunity of hearing to the petitioner-company in accordance with law.
6. With the aforesaid observations, the present writ petition stands disposed of.
(VINAY SARAF) JUDGE @shish Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/27/2024 1:26:59 PM