that while determining the dues under Section 7A , no
enquiry under paragraph 26B of the Employees Provident
Funds Scheme has been conducted to determine whether ... there
is no need for a separate enquiry under para 26B and it is
the very same authority who has to make determination
under Section
casual employees for whom the proceedings had been initiated
under para 26B of the Employees' Provident Funds Scheme
passed by the authority has to be treated
as one under paragraph 26B of the Provident Fund Scheme as
to the status of the employees ... employees are entitled
to become members of the Scheme as
per para 26B of the Provident Fund
Scheme, 1952."
In view of the remand
order of exemption under paragraph 27 or paragraph 27A.
7. Paragraph 26B of the Scheme provides for resolution of
doubts as to the entitlement ... petitioner points out that
since Ext.P3 decision under para 26B of the Scheme is issued by
the Regional Provident Fund Commissioner
that the proceedings
WP(C) 23690/2005 3
are maintainable under Para 26B of the Scheme in so far as the workers
have no other ... rightly pointed out by the leaned counsel for the petitioner,
Para 26B cannot have a separate existence from Section
Employees Provident Fund and Miscellaneous Provisions
Act read with para 26B of the Scheme which is
appealable. There are several disputes of fact
fresh challenge not only to the order dated 01.07.2003 made under
Para 26B of the Scheme but also the order dated 17.08.2004 made
under Section
Regional Provident Fund Commissioner-II, Regional
Office, Delhi (East), under para 26B of the Employees' Provident Fund
Scheme, 1952, directing the Petitioner Management
submitted that it has been passed
by the Assessing Officer under Para 26B of the Employees Provident Fund
Scheme 1952.
In such circumstances, counsel ... Assessing Officer has been
appointed to decide the dispute under Para 26B of the Scheme.
Let the matter be listed in the week commencing
Gujarat. In the meantime,
adinterim relief in terms of para 26B. Direct
service is permitted qua other respondents.
(VIPUL M. PANCHOLI, J.)
ANKIT
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