Regional Provident Fund Commissioner vs M/S Khadi Gramodyog Sangh
2024 Latest Caselaw 9959 Jhar

Jharkhand High Court

Regional Provident Fund Commissioner vs M/S Khadi Gramodyog Sangh on 15 October, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                W.P.(L) No. 5248 of 2009

        Regional Provident Fund Commissioner, Employees Provident Fund
        Organization (Ministry of Labour, Govt of India)
                                                    ...    ...       Petitioner
                                 Versus
        M/s Khadi Gramodyog Sangh, Jamshedpur.
                                              ...       ...       Respondent
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Parth S.A. Swaroop Pati, Advocate For the Respondent : Mr. Suraj Kumar, Advocate

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19/15.10.2024

1. The learned counsel for the parties are present.

2. The learned counsel for the petitioner has filed copies of list of judgments being relied upon by the petitioner and he has submitted that financial constrained is not a ground to avoid liability under section 14B of Employees Provident Fund and Miscellaneous Provisions Act, 1952.

3. During the course of argument the learned counsel for the respondent has submitted that the PF number was allocated to the respondent only in the year 2002 and therefore there could have been no liability prior to 2002.

4. To this, the learned counsel for the petitioner has submitted that no such ground has been raised before the authorities. However, he shall seek instructions from the concerned authority and address this Court on this aspect of the matter also on the next date.

5. He submits that the matter may be posted on 17.10.2024.

6. Post this case on 17.10.2024 under the heading for "Final Disposal" to be taken up at 02:15 PM.

(Anubha Rawat Choudhary, J.) Rakesh/-