proceedings contemplated under Section 7A of
the Act and also para 26B of the Scheme, the Commissioner
concluded saying all the 47 working journalists necessarily ... join the fund. Para 26A of the Scheme refers to retention of
membership by a member of the fund and Para 26B of the
Scheme
petitioner.
3. This being so, the respondent issued notice under
para 26B of the Employees' Provident Funds Scheme, 1952
("EPF Scheme ... examine the employer
and employee relationship, an enquiry under para 26B of
the EPF Scheme, 1952 was initiated, and on enquiry, vide
impugned order
7130/Enf.I (1) 2003 dated
01.07.2003 passed under Para 26B of the EPF Scheme read along with
Section ... COMMON ORDER
Challenging the order dated 01.07.2003 passed under Para 26B of
the Employees’ Provident Fund Scheme (hereinafter referred to as the
“EPF Scheme
9855 of 2019
the impugned order of the first respondent under Para 26B of the
Employees Provident Fund Scheme, 1952, in No.TN/NGL/29372 ... against the order passed
by the first respondent dated 21.02.2019, under Para 26B of the Employees
Provident Fund Scheme, 1952.
2.The petitioner establishment
Kerala State. The Regional Provident Fund Commissioner at Ambattur as per para 26B of the EPF Scheme has to examine the matter after giving ... cited supra). Ultimately, when the authority decides the matter under para 26B, this court cannot give any direction that certain issues will have
with the power to conduct such an inquiry as deemed
necessary. Para 26B of the EPF Scheme provides for resolution of disputes
regarding entitlement ... decided by the said officer as per para 26B of the EPF Scheme and
not Assistant Provident Fund Commissioner. Consequently, impugned order
dated
Advocate, for
respondent No. 1.
On culmination of the proceedings under
Para 26B of the scheme, called as the "Employees
Provident Funds Scheme ... which was dismissed and thereafter, as
far as the issue of Para 26B of the Scheme of 1952
is concerned, that has attained finality
treated
Reason:
to be a decision as per para 26B of the Emp
loyees’
1
Provident Fund Scheme, 1952, (hereinafter referred ... application and a determination was made in their favour
under para 26B of the Provident Fund Scheme, though they were not
employees of the appellant
cash.
3. Second contention of Mr. Chawla is predicated on para 26B of the
Employees Provident Fund Scheme which reads as under ... afraid the provisions of Para 26B are not applicable to the
facts of the present case. This para would apply in a situation where
Jagdish Sahai, J., after referring to Section 5 of the Act and Paras. 29, 30 and 32 of the scheme, said that there ... will have, to be decided by the Commissioner in accordance with Para. 26B after giving a hearing to both the employer and the employee when
