In the High Court of Judicature for Rajasthan Jaipur Bench **
Civil Writ Petition No.13179/2010
M/s Ankesh Marbles (P) Ltd
Versus Asstt. Provident Fund Commissioner & Ors
Date of Order ::: 18/10/2010
Hon’ble Mr. Justice Ajay Rastogi
Dr. Prakash C.Jain, for petitioner.
Counsel inter-alia submits that list of 21 employees working in the establishment prepared as on 23/12/1997 was throughout disputed by petitioner-Company; and one of the submissions raised was that it was prepared in the presence of Enforcement Officer who added 11 names after the signature of their Director; and this contention was consistently raised by petitioner at the stage of appeal being preferred but the finding has been recorded that in terms of declaration dt. 23/12/1997, it was admission of the petitioner that there were 21 employees working in the establishment which makes the Act applicable; in such circumstances, Counsel submits that remitting the matter back to the authority is not going to serve any purpose.
Issue notice of writ & stay petition alongwith a copy of this order to respondent-1 returnable within four weeks as to why petition may not be finally disposed of at admission stage. Notices be given Dasti, if desired.
In the meanwhile, the petitioner will be at liberty to raise objections in regard to document dt.23/12/1997 before the Regional Provident Fund Commissioner who may examine grievance of the petitioner in regard to the numbers of employees engaged in the establishment reference of which has been made in document dt.23/12/1997 afresh in accordance with law. List after service.
(Ajay Rastogi), J.
K.Khatri/p2/
13179CW2010-Oct18-IsSty.do