TMI Blog1989 (10) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... s located at various places in Rajasthan for handling storing and trans- porting food grains and other articles. It has appointed contractors for execution of such works and the contractors in turn engaged some workers. In respect of such workers, the Provident Fund Commissioner called upon the Corporation to deposit contribution payable under the Employees, Provident Fund Act and the scheme framed thereunder. When there was non-compliance, the Commissioner made an order under section 7A of the said Act determining amount payable by the Corporation. Being aggrieved by that determination, the Corporation moved the High Court for relief under Art. 226 of the Constitution. The High Court has dismissed the petition. Hence the Corporation has ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of the workers employed. But the Corporation seems to have some problems in collating the lists of all workers engaged in depots scattered at different places. It has requested the Commissioner to summon the contractors to produce the respective lists of workers engaged by them. The Commissioner did not summon the Contractors nor the lists maintained by them. He has stated that the Corporation has failed to produce the evidence. The question, in our opinion, is not whether one has failed to produce evidence. The question is whether the Commissioner who is the statutory authority has exercised powers vested in him to collect the relevant evidence before determining the amount payable under the said Act. It is of importance to r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduction of documents. This power was given to the Commissioner to decide not abstract questions of law, but only to determine actual concrete differences in payment of contribution and other dues by identifying the workmen. The Commissioner should exercise all his powers to collect all evidence and collate all material before coming to proper conclusion. That is the legal duty of the Commissioner. It would be failure to exercise the jurisdiction particularly when a party to the proceedings requests for summoning evidence from a particular person. We, therefore, allow the appeal and reverse the order of the Commissioner and that of the High Court. The matter stands remitted to the Commissioner to dispose it of afresh and in accordance wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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