Heard learned counsel for the petitioner, Sri Dhananjay Awasthi, learned counsel for respondents no. 1 & 2 and Sri Ram Sagar Yadav for respondents no. 3 & 4.
Both the counsel may file counter affidavit within six weeks.
Issue notice to respondents no. 5 & 6 who may also file counter affidavit.
Steps to be taken within two weeks.
Office shall issue notices returnable at an early date.
List for admission after expiry of the aforesaid period.
It is contended that proceedings under Section 26B were initiated on the complaints made by the respondents no. 3 & 4 who were contract employees on 27.1.2010 and 29.1.2010 demanding membership of the scheme with effect from 23.4.1996 and 1.1.1999 respectively and there being a dispute with regard to the date of entitlement from their discharge by their contractor from the service, inordinate delay in raising the claim has resulted into a serious prejudice to the petitioner.
Prima-facie there appears to be force in the submission and the petitioner is entitled to interim order.
Until further orders of this Court, further proceedings under Section 7A/14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 in pursuance of the order dated 13.4.2011 and notice dated 12.12.2011 shall remain stayed.
Order Date :- 1.3.2012 nd