Allahabad High Court
The Kisan Co-Operative Sugar Factory ... vs Employees Provident Fund Appellate ... on 28 July, 2010
Author: Ran Vijai Singh
Bench: Ran Vijai Singh
Court No. - 35 Case :- WRIT - C No. - 32739 of 2010 Petitioner :- The Kisan Co-Operative Sugar Factory Ltd. & General Manager Respondent :- Employees Provident Fund Appellate Tribunal & Ors. Petitioner Counsel :- Ved Byas Mishra Respondent Counsel :- Dhananjay Awasthi Hon'ble Ran Vijai Singh,J.
While assailing the impugned order dated 14.05.2010, passed by respondent No. 1 in Appeal No. 708 (4) of 2002. Shri Ved Byas Mishra, learned counsel for the petitioners has submitted before the Court that pursuant to the order dated 01.09.1987, passed by Regional Provident Fund Commissioner, U.P., with respect to the exemption of the petitioners' establishment from purview of Provident Fund and Misc. Provision Act, 1952, the petitioners have throughout been fulfilling the conditions of the exemptions. However, abruptly, the exemption has been rejected by the Regional Provident Fund Commissioner vide order dated 28.04.2009. That order was challenged by the petitioenrs through Writ Petition No. 45494 of 2009, in which an interim order was passed on 28.04.2009 and effect and operation of the order dated 28th April, 2009 was stayed till the next date of listing. Shri Mishra submits that this order is still in force and counter affidavit has not been filed.
This Court has specifically required the petitioners to point out whether pursuant to the order of the Provident Fund Commissioner, passed in the year 1987, the petitioners have constituted the Board and are complying the requirement of exemption by depositing the contribution. In reply to that, Shri Mishra has submitted that since this was not lis, therefore, this has not been averred in the writ petition. However, he prays for and is granted ten days' time to file supplementary affidavit bringing on record the constitution of the Board and the contribution of the petitioners towards requirement of the relaxation granted to them pursuant to the order dated 01.09.1987, passed by Regional Provident Fund Commissioner.
As prayed, list on 16th August, 2010 before appropriate Court along with the record of Writ Petition No. 45494 of 2009. On the next date of listing, the name of Shri D.K. Pandey be also shown as counsel for respondent.
Order Date :- 28.7.2010 AKSI