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2015 (7) TMI 786 - HC - Indian LawsProceedings under section 14B of the PF Act - Independent employer - Held that:- A. Govindaraj is a licenced Contractor and he employed about 15 to 20 contract workmen inside the petitioner factory for doing certain civil work. - Earlier, the petitioner Company was not made a party and in their absence, proceedings were initiated against the Contractor and the petitioner Company came to know about the proceedings only when the Contractor contacted for an advance after having suffered to an order under Sec.7-A. The petitioner Company received a Notice under Section 8-F dated 23.2.2005, calling upon the petitioner to withhold any amount that may be payable to the said Contractor and pay over the same to the respondent. - Contractor was allotted with EPF allotment number vide No.TN/VLR/38789/SDC/2013 in the year 2003 itself. As per the ratio laid down in the judgment of this Court [2011 (9) TMI 944 - Madras High Court], the Contractor viz., Mr.A. Govindaraj should be treated as an independent employer. - proceedings initiated by the respondents against the petitioner Company under Sec.14 B of the Act cannot stand and it is liable to be set aside. - Decided in favour of appellant.
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