HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31608 of 2011 Date: 09.12.2011 Between: M/S JAWAHARLAL NEHRU EDUCATIONAL SOCIETY … Petitioner vs EMPLOYEE’S PROVIDENT FUND APPELLANT TRIBUNAL & ANOTHER … Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31608 of 2011 O R D E R: Heard the learned counsel for the petitioner and Sri R.N. Reddy, the learned standing counsel for the respondent. The petitioner-society questions the order of the E.P.F Appellate Tribunal, dated 12.7.2011 in A.T.A.No:346 (1) of 2004. The said appeal was directed against the quantification of E.P.F dues payable by the petitioner under section 7 (A) of E.P.F Act. The said order was passed on verification of the number of employees employed in the petitioner-society and the Appellate Tribunal had confirmed that the petitioner-employer is having 23 employees from the year 1972. During hearing before the Tribunal, the strength of the staff as evident from the record was found to be more than 20 and there was no material before the Appellate Tribunal to come a different conclusion. On the said factual aspect, the Appellate Tribunal dismissed the appeal by confirming the orders passed by the Revenue Authority. In this writ petition, the petitioner raised various contentions. But, all the said contentions are based on the strength of the employees being less than 20. However, no documents are produced even now and even otherwise, the said factual finding with regard to number of employees reached by primary as well by the Appellate Tribunal concurrently, cannot be gone into or disturbed under the extraordinary jurisdiction of this Court. The writ petition therefore, has no merits and is liable to be dismissed. However, as contended by the learned counsel for petitioner, keeping in view the fact that the petitioner is an Educational Society and it has paid part of the dues, the petitioner-society is permitted to deposit balance outstanding payable by it with the 2nd respondent in six (6) equal monthly installments commencing from 5th January, 2012 successively every month. Subject to fulfillment of the aforesaid condition, the 2nd respondent shall not enforce the demand pending against the petitioner by any coercive methods. With the above observations, this writ petition is dismissed. There will be no order as to costs. ____________________ Vilas V. Afzulpurkar, J Date: 09.12.2011 Gurc. HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31608 of 2011 DATED:09.12.2011