(1) WP. 5950.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5950 OF 2009 Katare Spinning Mills Ltd., Kamla Nagar, Tamlawadi, Taluka : Tulzapur Dist : Osmanabad Through its Executive Director Kishore Tipanna Katare, Age : 50 R/o. Kamala, 259, Sakhar Peth, Sholapur - 413 005 PETITIONER VERSUS The Union of India and ors. RESPONDENTS ..... Mr. A.D. Sugdare, Advocate for the Petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent-Union of India. Mr. K.B. Choudhari, Advocate for respondent nos.2 to 4 ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 26TH APRIL, 2011 ORAL ORDER:- 1. Rule. Rule made returnable forthwith, by consent. 2. The main grievance of the petitioner herein is that its Exemption Application preferred under section 17(2-A) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short "the (2) WP. 5950.2009 Act") has not been decided by the Regional Provident Fund Commissioner. According to the petitioner, it is depositing amounts towards the contribution for insurance with a group insurance Company and not under the Employee Deposit Linked Insurance Scheme. The petitioner therefore contends that it is entitled to exemption under section 17(2-A) of the Act. 3. It appears that the application has been refused by the Commissioner on the ground that the petitioner has not provided certain details, which are required before an Exemption Application can be granted. Although there is a controversy whether the details were supplied as stated by the petitioner, or there were some shortcomings on the part of the petitioner in submitting information, as contended by the respondents, we need not enter into that controversy. To obviate any further controversies with respect to the documents required for consideration of the proposal for exemption under section 17(2-A) of the Act, we had directed the respondents to produce before us a list of the documents required from the petitioner, to be (3) WP. 5950.2009 submitted alongwith its proposal for exemption. Accordingly list of the documents required by the Regional Provident Fund Commissioner under section 17(2-A) of the Act has been supplied in Court to the learned Advocate for the petitioner. 4. The petitioner may now present an appropriate Application for exemption under section 17(2-A) of the Act in accordance with the proforma no.I and II furnished by the Regional Provident Fund Commissioner together with the required details of the documents mentioned in the checklist. That be done within eight (8) weeks from today. Once such a proposal for exemption is submitted in accordance with law, by the petitioner, the Regional Provident Fund Commissioner will consider the same within three (3) months thereafter and intimate to the petitioner his decision. 5. Rule made absolute in the above terms. No costs. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp