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Patna High Court

M/s Shivalok Gas AgencyversusEmployees Provident Fund Organisation and Ors

Decided
Disposal
DISMISSED

Holding

The petitioner is covered under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and is liable to make the assessed contributions.

Summary

The petitioner, Shivalok Gas Agency, challenged an order dated 03‑12‑2012 issued by the Regional Provident Fund Commissioner under Section 7‑A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, which deemed the agency covered by the Act and assessed a liability of Rs 2,15,163. The petitioner argued that it employed only seven wage‑earning staff and that the 14 Thela vendors were paid on a commission basis, thus the statutory threshold of twenty employees was not met and the order was ultra vires. The EPFO contended that the vendors received minimum wages and, together with the seven employees, the total strength of twenty‑one exceeded the threshold, justifying coverage. The Court examined the statutory provisions, the evidence of service cards and wage registers, and held that the agency was correctly covered and liable to contribute. Consequently, the writ petition was dismissed.

Issues considered

  • The Regional Provident Fund Commissioner’s jurisdiction to deem the establishment covered under the EPF Act under Section 7‑A.
  • Whether the petitioner employed the requisite minimum of twenty persons for coverage, counting Thela vendors.
  • Whether the petitioner was afforded a reasonable opportunity of hearing before the assessment.
  • The validity of the assessed provident‑fund liability of Rs 2,15,163.

Legislation cited

Subjects

  • Employees' Provident Fund
  • Section 7-A
  • Coverage threshold
  • Thela vendors
  • Labour law
  • Writ petition
  • Due process

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1544 of 2013
     ======================================================
     M/s Shivalok Gas Agency At + P.S.- Brahampura, Sanjay Cinema Road, P.O.-
     MIt, District- Muzaffarpur, Through Its Proprietor Smt. Rita Singh, W/O Sri
     Ashok Ranjan
                                                                ... ... Petitioner/s

                                             Versus

1.   Employees Provident Fund Organization (Ministry of Labour, Government
     of India) Sub Regional Office, New Vakalatkhana Bhawan, Court
     Compound, Muzaffarpur-842001 Through Its Assistant Provident Fund
     Commissioner
2.   The Assistant Fund Commissioner, Sub Regional Office, EPF, Muzaffarpur
3.   Ghuran Jha S/O Late Keshav Jha R/O Roop Patahi, P.S.- Sadar, District-
     Muzaffarpur

                                                                   ... ... Respondent/s

     ======================================================
     Appearance :
     For the Petitioner/s      :         Mr. Aakashdeep, Advocate
                                         Mr. Shyameshwar Kumar Singh, Advocate
     For the Respondent/s      :         Mr. Amrendra Narayan Rai, Advocate
     For the EPFO              :         Mr. Prashant Sinha, Advocate
                                         Mr. Aniket Rai, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     CAV JUDGMENT
     Date : 23-04-2026


                            Heard learned Counsel for the petitioner and

      learned       Counsel        for    the    Employees      Provident        Fund

      Organization. However, no one appears on behalf of

      respondent No.3.

                            2. The present writ petition has been filed by the

      petitioner challenging the order dated 03.12.2012, passed by

      the Regional Provident Fund Commissioner, Muzaffarpur,

      contained in letter No.559 dated 03.12.2012, whereby the
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         Regional Provident Fund Commissioner, Muzaffarpur, in

         exercise of power vested under Section 7-A of the Employees’

         Provident Funds and Miscellaneous Provisions Act, 1952 (Act

         No.19 of 1952) has been pleased to order for the coverage of

         the establishment of the petitioner as well as assessed a

         liability of Rs.2,15,163/- payable by the petitioner in respect of

         the provident fund dues of the Thela Vendor.

                            3. In this case respondent Nos.1 and 2

         Employees’ Provident Fund Organization and its officials were

         appeared and filed their counter affidavit. On issuance of

         notice respondent No.3 has not appeared.         Thereafter, this

         Hon’ble Court has pleased to direct the petitioner for paper

         publication in local Hindi News Paper, Hindustan, on or before

         12.01.2026 for securing the appearance of respondent No.3.

         The petitioner has published the notice for appearance in the

         paper publication and filed the cutting of the paper publication

         through supplementary affidavit in Hindi News Paper,

         Hindustan, Muzaffarpur, dated 09.01.2026, but even then

         respondent No.3 has failed to appear even after paper

         publication. Finally after completion of 30 days from the paper

         publication hearing started on 24.03.2026.       Further hearing

         took place on 02.04.2026 and arguments had been concluded
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         and case was fixed for judgment.

                            4. Learned Counsel for the petitioner submits

         that the order under challenge is completely without

         jurisdiction.      He submits that petitioner is a Gas Agency

         engaged in supply and distribution of Cooking Gas as a

         Proprietor Firm. The Proprietor is a citizen of India. The

         working area of the petitioner is at Muzaffarpur district

         situated in Bihar. Counsel submits that there were only seven

         employees            in     the     petitioner’s   establishment.   No

         manufacturing process is being carried out. The petitioner

         remits the amount of cylinders supplied to him by the Indian

         Oil Corporation in which cooking gas cylinders are supplied

         to the consumers who are registered with the petitioner’s Gas

         Agency as per their demand. Counsel submits that the

         petitioner used to facilitate the delivery of gas cylinders to the

         consumer for the amount paid by the consumer at the rate of

         rupees eight per cylinder realizing from the consumers as

         commission. The delivery of gas cylinders used to be made

         from gas godown/office premises of the petitioner’s Gas

         Agency to the consumers house. Counsel submits that

         respondent No.3, an ex-thela Vendor associated with the

         petitioner’s Gas Agency in the past and on account of
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         differences, he filed an application before the Employees’

         Provident Fund Organization (hereinafter referred to as the

         ‘EPFO’), Sub Regional Office, Muzaffarpur, on 27.07.2007

         making a prayer for extending the benefit under the provisions

         of Employees’ Provident Funds and Miscellaneous Provisions

         Act, 1952 to the employees of the petitioner’s Gas Agency.

         Learned Counsel for the petitioner submits that on the

         application filed by respondent No.3, the EPFO authorities

         issued letter No.1651 dated 15.01.2008 to the petitioner

         intimating that there were 35 and above employees working in

         or in connection with the establishment of the petitioner since

         several years and no EPF benefit is being provided to them in

         violation of the EPFO Act. Counsel further submits that the

         petitioner has filed written statement and contested to this

         letter indicating that there were only seven employees in the

         establishment of the petitioner and the Thela Vendors are not

         the paid employees of the Gas Agency but they were being

         paid from the consumers @ Rs.8/- per cylinder when gas is not

         distributed the Thela Vendors are not paid. It has also been

         pleaded that no part of salary is being paid by the petitioner to

         the Thela Vendors, but in spite of the objection filed by the

         petitioner, the respondent-EPFO officials have issued a letter
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         bearing No.273 dated 16.05.2008 holding that petitioner’s Gas

         Agency is covered under the provisions of Employees’

         Provident Funds and Miscellaneous Provisions Act, 1952 and

         is covered under the act with effect from 01.04.2007. Counsel

         further submits that after coverage, a letter No.1301 dated

         27.11.2008 was issued to the Manager, State Bank of India,

         MIT Branch, for attaching the account of the petitioner’s Gas

         Agency account for recovery of alleged EPF dues. Thereafter,

         the petitioner has preferred CWJC No.812 of 2009 before this

         Hon’ble Court challenging the order of coverage dated

         16.05.2008. The above said writ petition filed by the petitioner

         was allowed vide order dated 26.08.2011 and the order dated

         16.05.2008 as well as order dated 27.11.2008, i.e., order of

         coverage and order for attachment both were quashed with

         liberty granted to the EPFO to pass fresh order in accordance

         with law after giving due opportunity of being heard to the

         petitioner within stipulated time frame. Learned Counsel

         further submits that petitioner had appeared before the EPFO

         respondent Nos.2 and 3 through Counsel, filed balance sheets,

         profit and loss statements for the financial years of the relevant

         period along with salary details of the employees. But the

         Regional Provident Fund Commissioner has passed fresh order
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         on 03.12.2012 treating the petitioner’s Agency to be covered

         under the Employees’ Provident Funds and Miscellaneous

         Provisions Act, 1952 without any evidence on record. On the

         basis of surmises and conjectures has calculated and assessed

         liability to pay Rs.2, 15,163/- towards PF due under the Act.

         Counsel submits that the said assessment has been made

         without any basis, evidence or record or discussion made. The

         order impugned is annexed with the writ petition as Annexure-

         7.   Counsel submits that since the said decision has been

         passed in gross violation of earlier order passed by this

         Hon’ble Court, therefore, the petitioner has filed the present

         writ petition challenging the said order dated 03.12.2012

         contained in letter No.559. Counsel submits that there were

         only seven names found in the register of wages for the

         financial year 2007. The earlier coverage dated 16.05.2008,

         which has already been set aside by this Hon’ble Court in

         CWJC No.812 of 2009 has been made basis for the present

         order dated 03.12.2012. Counsel submits that it is due to this

         reason that the order which has already been set aside has been

         made basis for the present impugned order, the present

         impugned order may be treated as a non-jurisdictional order

         and, therefore, he submits that the order is absolutely bad in
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         law.

                            5. Learned Counsel further submits that for the

         purpose of coverage of EPFO, it is necessary that every such

         establishment in which 20 or more persons must be employed.

         He submits that here in the present case, only seven persons

         are employed who are getting wages. Learned Counsel for the

         petitioner further submits that the EPF contribution is

         applicable on basic wages. The 14 persons, who alleged to

         work as Thela Vendors are basically commission paid persons

         and under definition of basic wage, as defined under Section 2-

         B of the Employees’ Provident Funds and Miscellaneous

         Provisions Act, 1952 any cash payment paid to an employee on

         account of commission does not include the basic wages.

         Therefore, he submits that for the purpose of applicability of

         the EPF & MP Act upon the petitioner Agency, there is no

         requisite number of employees working and this aspect has

         been completely ignored by the authority and, hence, the order

         passed by the Regional Provident Fund Commissioner dated

         03.12.2012, contained in Memo No.559 is completely non-

         jurisdictional as well as illegal as employees working under

         petitioner’s organization is less than 20. Therefore, he submits

         that the writ petition be allowed and order dated 03.12.2012
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         contained in letter No.559 issued by Regional Provident Fund

         Commissioner under Section 7-A of the Act be set aside.

                            6.   Learned       Counsel   for   the   Employees

         Provident Fund Organization, on the other hand, submits that

         writ petition is fit to be dismissed. Counsel submits that it is

         well within         the power of Regional Provident Fund

         Commissioner to pass order under Section 7A of the

         Employees’ Provident Funds and Miscellaneous Provisions

         Act, 1952         about the applicability of the Act over the

         petitioner’s establishment and also dues payable which has

         been assessed in the said order dated 03.12.2012.

                            7. Learned Counsel for the EPFO further

         submits that from the record of the petitioner it is crystal clear

         that seven employees were engaged and with regard to 14

         Thela Vendors job cards were issued by the Labour

         Department, which is in the name of petitioner.               Counsel

         further submits that petitioner is taking the plea that Thela

         Vendors were not working on wage; rather they are working on

         commission basis @ Rs.8/- per cylinder, but the said

         contention is not correct due to the reason that the petitioner

         has submitted letter dated 17.04.2007 before the Deputy

         Labour Commissioner in response to Memo No.2207 dated
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         11.07.2007 that petitioner is paying the Thela Vendors basic

         minimum wages applicable at that relevant period of time,

         which is rupees eighty eight. The said letter has been annexed

         in the counter affidavit of the writ petition as Annexure-A

         series. Learned Counsel further submits that at the time of

         passing of the said order dated 03.12.2012, the Regional

         Provident Fund Commissioner have considered all the

         documents which has been annexed in the counter affidavit.

         He further submits that the office of Labour Superintendent,

         Muzaffarpur, have issued service card of 14 Thela Vendors and

         the Proprietor himself submitted a letter before the Deputy

         Labour Superintendent, Muzaffarpur, in which he has accepted

         that minimum wages for Thela Vendor is rupees eighty-eight.

         Therefore, he submits that a letter, which the petitioner has

         filed, describing the monthly salary of 14 Thela Vendors and in

         the accounts of the petitioner accepts the seven employees

         which are in total 21 in number. He also submits that at the

         time of consideration of those documents, it has been verified

         by the Regional Provident Fund Commissioner that whether

         those persons which are seven in number and those persons 14

         in numbers as employee and Thela Vendors are same or

         different. He submits that in the impugned order the name of
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         all employees have been described separately.

                            8. He further submits that in case of Regional

         Provident Fund Commission Vs. Sibu Metal Work reported in

         1965 AIR SC 1976, Hon’ble Supreme Court has held that the

         Employees’ Provident Funds and Miscellaneous Provisions

         Act, 1952 is a social welfare legislation and in construing the

         material provisions of such Act if two views are reasonably

         possible, the Court should prefer the view, which helps the

         achievement of the object of the Act. He further submits that in

         the present case, it is apparent from the conduct of the

         petitioner that it is trying to evade the extention of beneficial

         legislation upon the poor Thela Venodrs with a wrong plea that

         they were being paid with commission only as he is not paying

         any wages to such persons. While from his own letters, it is

         very much clear that contention of the establishment is wrong.

         He further submits that by making such type of plea an attempt

         has been made by the petitioner to deny the employees with

         legitimate dues which they have rightfully earn in terms of the

         Employees’ Provident Funds and Miscellaneous Provisions

         Act, 1952 and, therefore, he submits that the present writ

         petition be dismissed and the petitioner be directed to assure,

         payment make payment of the EPF contribution to the EPFO
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         so that the poor employee may receive their benefits.

                            9. After hearing the parties and going through

         the records, it is necessary to quote the specific provisions

         which are relevant with a view to decide the present writ

         petition. Section 7-A of the Employees’ Provident Funds and

         Miscellaneous Provisions Act, 1952 empowers the Regional

         Provident Fund Commissioner to pass order. Section 7-A of

         the Employees’ Provident Funds and Miscellaneous Provisions

         Act, 1952 states as follows:

                                                      “7A.      Determination     of
                                 moneys due from employers.—[(1) The
                                 Central Provident Fund Commissioner, any
                                 Additional           Central    Provident      Fund
                                 Commissioner, any Deputy Provident Fund
                                 Commissioner, any Regional Provident
                                 Fund Commissioner, or any Assistant
                                 Provident Fund Commissioner may, by
                                 order,—
                                                      (a) in a case where a dispute
                                 arises regarding the applicability of this Act
                                 to an establishment, decide such dispute;
                                 and
                                                      (b) determine the amount
                                 due from any employer under any provision
                                 of this Act, the Scheme or the 3 [Pension]
                                 Scheme or the Insurance Scheme, as the
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                                 case may be, and for any of the aforesaid
                                 purposes may conduct such inquiry as he
                                 may deem necessary];
                                                      (2) The officer conducting
                                 the inquiry under sub-section (1) shall, for
                                 the purposes of such inquiry, have the same
                                 powers as are vested in a court under the
                                 Code of Civil Procedure, 1908 (5 of 1908),
                                 for trying a suit in respect of the following
                                 matters, namely:—
                                                      (a) enforcing the attendance
                                 of any person or examining him on oath;
                                                      (b) requiring the discovery
                                 and production of documents;
                                                      (c) receiving evidence on
                                 affidavit;
                                                      (d) issuing commissions for
                                 the examination of witnesses;
                                                      and any such inquiry shall
                                 be deemed to be a judicial proceeding
                                 within the meaning of sections 193 and 228,
                                 and for the purpose of section 196, of the
                                 Indian Penal Code (45 of 1860).
                                                      (3) No order shall be made
                                 under sub-section (1), unless [the employer
                                 concerned]           is   given   a   reasonable
                                 opportunity of representing his case.
                                                      (3-A) Where the employer,
                                 employee or any other person required to
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                                 attend the inquiry under sub-section (1)
                                 fails to attend          such   inquiry   without
                                 assigning any valid reason or fails to
                                 produce any document or to file any report
                                 or return when called upon to do so, the
                                 officer conducting the inquiry may decide
                                 the applicability of the Act or determine the
                                 amount due from any employer, as the case
                                 may be, on the basis of the evidence
                                 adduced during such inquiry and other
                                 documents available on record.
                                                      (4) Where an order under
                                 sub-section (1) is passed against an
                                 employer ex parte, he may, within three
                                 months from the date of communication of
                                 such order, apply to the officer for setting
                                 aside such order and if he satisfies the
                                 officer that the show cause notice was not
                                 duly served or that he was prevented by any
                                 sufficient cause from appearing when the
                                 inquiry was held, the officer shall make an
                                 order setting aside his earlier order and
                                 shall appoint a date for proceeding with the
                                 inquiry:
                                                      Provided that no such order
                                 shall be set aside merely on the ground that
                                 there has been an irregularity in the service
                                 of the show cause notice if the officer is
                                 satisfied that the employer had notice of the
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                                 date of hearing and had sufficient time to
                                 appear before the officer.
                                                      (5) No order passed under
                                 this section shall be set aside on any
                                 application under sub-section (4) unless
                                 notice thereof has been served on the
                                 opposite party.”
                            10. Section 1(3) of the Employees’ Provident

         Funds and Miscellaneous Provisions Act, 1952 which talks

         about the coverage of the Act is as follows:

                                                      “(3)   Subject     to     the
                                 provisions contained in section 16, it
                                 applies-
                                                      (a) to every establishment
                                 which is a factory engaged in any industry
                                 specified in Schedule I and in which
                                 [twenty] or more persons are employed,
                                 and
                                                      (b)    to    any        other
                                 establishment employing [twenty] or more
                                 persons or class of such establishments
                                 which the Central Government may, by
                                 notification in the Official Gazette, specify
                                 in this behalf:
                                                      Provided that the Central
                                 Government may, after giving not less than
                                 two months' notice of its intention so to do,
                                 by notification in the Official Gazette, apply
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                                 the    provisions        of   this   Act   to   any
                                 establishment employing such number of
                                 persons less than [twenty] as may be
                                 specified in the notification.”
                            11. Similarly definition of basic wages has been

         defined under Section 2(b) of the Employees’ Provident Funds

         and Miscellaneous Provisions Act, 1952 which states as

         follows:

                                                      “2.(b) “basic wages” means
                                 all emoluments which are earned by an
                                 employee while on duty or on leave or on
                                 holidays with wages in either case in
                                 accordance with the terms of the contract
                                 of employment and which are paid or
                                 payable in cash to him, but does not
                                 include—
                                                      (i) the cash value of any food
                                 concession;
                                                      (ii) any dearness allowance
                                 (that is to say, all cash payments by
                                 whatever name called paid to an employee
                                 on account of a rise in the cost of living),
                                 house-rent allowance, overtime allowance,
                                 bonus commission or any other similar
                                 allowance payable to the employee in
                                 respect of his employment or of work done
                                 in such employment;
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                                                      (iii) any presents made by
                                 the employer;”
                            12. Subsequently, what was the direction made

         in CWJC No.812 of 2009 is to be taken care of, the extract of

         which states as follows:

                                                        “Considering     the   rival
                                 contentions of the parties, it appears that
                                 after due investigation, by the Enforcement
                                 Officer, of the petitioner's Organization
                                 only seven employees were found working
                                 though 14 Service Cards of vendors were
                                 found. Even the impugned order does not
                                 reflect that those 14 Service Cards were
                                 inclusive of the seven employees found the
                                 Enforcement Officer.
                                                      The Labour Department's
                                 Information also suggests about 14 service
                                 cards of vendors hence, prima facie on the
                                 basis of the materials on record it appears
                                 doubtful whether the Establishment of the
                                 petitioner comes under the purview of the
                                 Act. Section 1(3) (b) of the Act stipulates
                                 the minimum number of employees in any
                                 Establishment to bring the same within the
                                 ambit of the Act which reads as follows:
                                                      "1. Short, Title extent and
                                 application (1) this Act         may be called the
                                 Employees’           Provident      Funds      and
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                                 Miscellaneous Provisions Act, 1952.
                                                      (3)(b)          Subject     to    the
                                 provisions contained in Section 16, it
                                 applies-(b) to any other Establishment
                                 employing (twenty) or more persons                      or
                                 class of such Establishments which the
                                 Central Government may, by Notification in
                                 the Official Gazette, specify in this behalf:
                                                      Provided that the Central
                                 Government may, after giving not less than
                                 two months' notice of its intention so to do,
                                 by notification in the Official Gazette, apply
                                 the    provisions         of     this     Act    to    any
                                 establishment employing such number of
                                 persons less than (twenty) specified in the
                                 notification.
                                                      Hence, there is no definite
                                 finding by the respondent authorities that
                                 petitioner       employed            twenty     or    more
                                 persons.
                                                      So        far      as      providing
                                 opportunity is concerned, the impugned
                                 order reflects that after filing two of show
                                 cause, only two opportunities were given to
                                 the petitioner. One on 07.02.2008 i.e.,
                                 admittedly, prior to submission of the show
                                 cause but after submission of the show
                                 cause only one opportunity was given on
                                 15.05.2008. That can not be treated to be as
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                                 giving     reasonable      opportunity   to   the
                                 petitioner to defend his case. Though in the
                                 counter affidavit the respondents took the
                                 stand that eleven notices were transmitted
                                 but only one was accepted by the petitioner.
                                 This contention is only supported by a letter
                                 of the Enforcement Officer, as no specific
                                 documents have been brought on record to
                                 justify the stand of issuance of notice on
                                 eleven occasions. Moreover, there is no
                                 reference of these opportunities in the
                                 impugned order as mentioned in the
                                 counter affidavit. Hence, respondents not
                                 supplement its stand through counter
                                 affidavit, on such issue which is not there in
                                 the impugned order. Hence, it can not be
                                 said that petitioner was given opportunity
                                 to defend its case.
                                                      On the basis of discussions
                                 made the above, order dated 16.05.2008 as
                                 contained in Annexure-4 and order dated
                                 27.11.2008 as contained in Annexure-5 are
                                 hereby quashed.
                                                      However,   the   respondent
                                 authorities are liberty to pass afresh order
                                 in accordance with law after giving due
                                 opportunity of being heard to the petitioner
                                 within stipulated time frame. With the above
                                 observation, this P application is allowed.”
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                            13. After hearing the parties and upon perusal of

         the materials on record, particularly the order passed by this

         Hon’ble Court in CWJC No. 812 of 2009, it is evident that a

         categorical finding was recorded to the effect that seven

         employees were found working and fourteen service cards of

         vendors were detected. However, no specific documents had

         been brought on record by the Enforcement Officer to

         substantiate the basis on which coverage under the Act could

         be ascertained. It was for this reason that the earlier orders

         dated 16.05.2008 and 27.11.2008 were set aside. Thereafter,

         this Hon’ble Court was pleased to grant liberty to the

         authorities to pass a fresh order in accordance with law, after

         affording due opportunity of hearing to the petitioner within

         the stipulated time frame.

                            14. Pursuant thereto, the respondent–EPFO

         authority passed the order contained in letter No. 559 dated

         03.12.2012. Upon scrutiny of the said order, two basic legal

         contentions have been raised. The first contention is that such

         an order could not have been passed under Section 7-A of the

         Employees’ Provident Funds and Miscellaneous Provisions

         Act, 1952. A perusal of Section 7-A makes it abundantly clear

         that the provision empowers the authorities, firstly, to
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         determine the applicability of the Act to an establishment, and

         secondly, to determine the amount due from any employer

         under the provisions of the Act. The procedure for conducting

         such an inquiry and determination is also well described. The

         legislature has further provided that, while exercising powers

         under Section 7-A, the concerned authority shall have the same

         powers as are vested in a              court under the Code of Civil

         Procedure, 1908.

                            15. In the present case, the total number of

         persons found to be engaged is twenty-one. Out of these, seven

         employees were on the payroll, as reflected in the wage

         register, and fourteen persons were recorded in Form XXI

         under Rule 12A of the Bihar Shops and Establishments Act,

         1953, and were treated as Thela Vendors. The complete

         particulars of these individuals, including their names and

         addresses, were available in their respective service cards. It

         was well within the competence of the authorities to verify

         these documents. From the impugned order, it appears that

         such verification was duly carried out through the office of the

         Deputy Labour Commissioner. Reference has been made to

         Memo No. 2202 dated 11.07.2007 issued by the Deputy

         Labour Commissioner, and the corresponding response dated
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         11.07.2007 submitted by the proprietor of the petitioner

         establishment. By the said communication, it stood certified

         that the proprietor admitted that the work related to delivery of

         LPG gas was being carried out through Thela Vendors, who

         were being paid minimum wages of Rs. 88/- per day. The said

         document has been annexed as Annexure-A series to the

         counter affidavit. On the basis of these materials, the Regional

         Provident Fund Commissioner arrived at the conclusion that,

         with seven employees on the wage register and fourteen

         persons working on the basis of service cards, the total strength

         of twenty-one employees having different identity fully

         described in impugned order exceeded the statutory threshold

         for    coverage       under     the      Act.   The   computation   and

         consequential determination have also been duly recorded in

         the impugned order. Operating part of such decision is quoted

         hereunder:

                                                      “Having decided thus I find
                                 that there is no room for any dispute with
                                 regard to the number of employees as the
                                 register of wages for shows 7 employees as
                                 mentioned above and the Service Cards
                                 available on record are 14 in number issued
                                 to the thela vendors enumerated above; the
                                 total strength coming to 21 which is the
Patna High Court CWJC No.1544 of 2013 dt.23-04-2026
                                          22/23




                                 number of employees mentioned in the
                                 coverage intimation letter date 01.04.2007
                                 as referred above. There are no names
                                 which are common in these two set of
                                 records.
                                                      I, therefore, hold that Shivlok
                                 Gas Services at Brahmpura, P.O. MIT,
                                 Muzaffarpur allotted code no. BR/20488
                                 has rightly been covered under the Act w.e.f
                                 01.04.2007 at the employment strength of
                                 21.
                                                      Dues for the period 04/2007
                                 to 06/2008 has already been assessed. The
                                 same has been done on the basis of wages
                                 shown in the register of wages for the 7
                                 employees on the roll and by taking
                                 minimum wages of Rs.88/- per day for the
                                 thela     vendors        as    admitted      by     the
                                 establishment         before    the   Dy.        Labour
                                 Commissioner in its reply to his memo no.
                                 2202 dated 11.07.2007 Profit and Loss
                                 account for the year 2006-07 shown
                                 expenses of Rs.5,09,815/- towards salary
                                 and wages and Rs.3,74,487/- towards
                                 vendor charges substantiating the stand
                                 taken by the department. Therefore the
                                 establishment          was      liable      to      pay
                                 Rs.2,15,163/- towards provident fund and
                                 allied dues under the provision of Act and
             Patna High Court CWJC No.1544 of 2013 dt.23-04-2026
                                                       23/23




                                              the schemes framed thereunder for the
                                              period 04/2007 to 06/2008 as determined
                                              by the then 7A authority.”
                                         16. This Court, upon consideration of the

                      reasons recorded in impugned order based on documents and

                      after examining the provisions of Section 3 and Section 1(3)(b)

                      of the Employees’ Provident Funds and Miscellaneous

                      Provisions Act, 1952, is of the firm view that the petitioner is

                      duly covered under the said Act and is liable to make

                      contributions on the grounds mentioned hereinabove. This

                      order is basically fresh consideration and based on earlier order

                      which was set aside by this Hon’ble Court earlier.

                                         17. This Court further finds no infirmity in the

                      order passed by the Regional Provident Fund Commissioner

                      under Section 7-A of the Employees’ Provident Funds and

                      Miscellaneous Provisions Act, 1952, as contained in Letter No.

                      559 dated 03.12.2012 and, hence, the present writ petition is

                      dismissed.


                                                                    (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                02.04.2026
Uploading Date          23.04.2026
Transmission Date


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