Post on 06-Jul-2018
8/17/2019 Pathankot Janata Co-operative Labour and Construction Society Limited
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M/s. Pathankot Janata Co-operative Labour and
Construction Society Limited, Pathankot and avs.State of Punjab and others
aibhav
ikas
ivek Mu
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Case $acts
%ppe##ant& Pathankot Janata Cooperative Labour And Society
'espondents& State Of Punjab, Through Secretary, IrrPunjab, Chandigarh
Coram& O!"#L$ %&' J(STIC$ )' )A!!A!
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Case $acts
(he petitioners )ere contractors at 'anjit Sa*ar +am
(hey sou*ht for uashin* of an order issued for a #,0,0/- as the emp#oyer1s provident fund contribution 2% of the 3P$ %ct, 45
%mounts be*an to be deducted from the payments of cthe order of the P$ Commissioner
Subseuent#y, an order )as issued that on#y those contra3P$ a##otment code or e6emption certi7cate )ere a##o)ed
in the tender process 8ne of the contractors )as a**rieved a*ainst the recoveri
sett#in* some of the bi##s and hence, cha##en*ed the order
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Case $acts
9nder Section 4;0< of the 3P$ %ct, an estab#ishment mustmore persons to be *overned by this act
>o)ever, the number is raised to = for cooperative soSection 4?
(he contention of the petitioner )as that it bein* a coopeemp#oyin* #ess than = persons, )as beyond the purvie) o
(hus, they )ere never #iab#e to pay contribution and tmade throu*h deduction of payment )as not tenab#e in #a)
(he P$ Commissioner had made a s)eepin* order f#iabi#ities of contribution )ithout considerin* the pocontractor not bein* *overned by this act
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Case $acts
(he jud*e ru#ed that the adjudication of the P$ Commissisurvive to be enforced a*ainst the petitioner
(he P$ Commissioner )as asked to serve a notice to afresh and take a fresh decision )hether the contrae6empted estab#ishment or not at the re#evant time )h)ere carried out
(he recoveries a#ready made )ere ordered to be refcontractor
(he impu*ned communication )as thus uashed for the co
>o)ever, the tender condition reuirin* every contractor tcode or a certi7cate of e6empted estab#ishment in order tothe tenders )as not interfered )ith
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