IN THE EMPLOYEES’ PROVIDENT FUNDS

APPELLATE TRIBUNAL, DHANBAD

ATA Case No. of 2019

BETWEEN
M/s Jain Trading ------------------------APPELLANT
AND
RPFC II, R.O., EPFO Bhagalpur ------------------------RESPONDENT

1. Particulars of the appellant: -

(i) Name of the appellant: - M/s Jain Trading
(ii) Address: - Holding No. 629, Bounsi Road, Aliganj, Bhagalpur, Bihar
(iii) Address for service of notices: - Holding No. 629, Bounsi Road, Aliganj,
Bhagalpur, Bihar - 812001
2. Particulars of the respondent: -
(i) Name of the respondent: - RPFC II
(ii) Office Address: - R.O., EPFO, Adampur, Bhagalpur
(iii) Address for service of notices: - R.O., EPFO, Adampur, Bhagalpur
3. Particulars of the Show Cause Notice against which appeal is made: - The appeal is
against the following Show Cause Notice.
(i) Show Cause Notice U/S 7A and 14/14A of the EPF & MP ACT
(ii) Date: - 28-01-2019
(iii) Passed by: - APFC (Compliance), RO, Bhagalpur
(iv) Subject in Brief: - Non-Remittance of EPF and Non submission of ECR
Contd.2
 -2-

4. Jurisdiction of the Tribunal: - The appellant declares that the subject-matter of the
Show Cause Notice against which he wants redressal is within the jurisdiction of
the Tribunal.
5. Facts of the Petition: -
(i) That the appellant M/S Jain Trading was in the business of Clearing &
Forwarding (C&F) of Exide Industries Limited as per the C&F Agreement
dated 20-06-2011.
Photo Copy of C&F Agreement with Exide
Industries Limited is attached as
Annexure “A1”.
(ii) That the appellant M/S Jain Trading was awarded EPF Code No. BR/26261
on 22-03-2013.
(iii) That the C&F Agreement of the Appellant M/S Jain Trading was terminated
by Exide Industries Limited with effect from the close of business hours of
31-03-2017.
Photo Copy of C&F termination letter
dated 25-02-2017 by Exide Industries
Limited is attached as Annexure “A2”.
(iv) That the appellant M/S Jain Trading has been regularly depositing
administrative charges up to date before the EPF department even after the
close of business of C&F as on 31-03-2017.
(v) That the appellant M/S Jain Trading gave a letter dated 23-01-2018
requesting the RPFC, Adampur, Bhagalpur to decode the EPF Code No.
BR/26261 of the appellant as the appellant was not carrying any business of
Carrying and Forwarding (C&F) with Exide Industries Limited.
Photo Copy of the appellant’s letter
dated 23-01-2018 of the appellant to the
RPFC, EPFO, Bhagalpur is attached as
Annexure “A3”.
(vi) That The APFC (Compliance), R.O, Bhagalpur issued a Show Cause Notice
Contd.3
 -3-

U/S 7A and U/S 14/14A of The EPF & MP Act dated 28-01-2019 for non-
remittance of EPF dues and non-submission of ECR under different Para and
Sections of EPF & MP Act and EPS Scheme.
Photo Copy of Show Cause Notice dated
28-01-2019 of The APFC, Bhagalpur is
attached as Annexure “A4”.
(vii) That the appellant gave a reply on 01-02-2019 of the above-mentioned
Show Cause Notice dated 28-01-2019 to The APFC (Compliance), Bhagalpur
stating in the facts of non-remittance of EPF and for decoding the allotted
EPF Code No. BR/26261 of the appellant. But, still there has been no action
on decoding the EPF Code No. BR/26261 by the EPFO, Bhagalpur.
Photo Copy of the appellant’s letter
dated 01-02-2019 by the Appellant to
The APFC (Compliance) is attached as
Annexure “A5”.
(viii) That it is submitted that all the employees of the C&F business of Exide
Industries Limited were terminated due to the termination of C&F
agreement dated 20-06-2011. And it is further submitted that all the said
terminated employees have already withdrawn their PF amount.
(ix) That the appellant declares that he had not previously filed any appeal, writ
petition or suit regarding the matter in respect of which this appeal has
been made, before any court of law or any other authority or any Bench of
The Tribunal and or any such appeal, writ petition or suit is pending before
any of them.
6. That in view of the facts mentioned in para 5 of this appeal, the appellant prays for
the following relief(s): -
(i) To decode the EPF Code No. BR/26261 of the Appellant M/S Jain Trading
(ii) To give necessary direction to the RPFC II, EPFO, R.O., Bhagalpur as your
honour deem fit and proper.

Contd.4
 -4-

7. Particulars of Bank Draft in respect of the appeal fee: -

(i) Name of the Bank on which drawn:
(ii) Demand Draft No.:
(iii) Date of Demand Draft:
(iv) Amount: Rs.

8. List of Enclosures: -
1. A1 (C&F Agreement with Exide Industries Limited)
2. A2 (C&F termination letter of Exide Industries Limited)
3. A3 (Appellant letter dated 23-01-2018)
4. A4 (Show Cause Notice dated 28-01-2019 of The APFC, Bhagalpur)
5. A5 (Appellant letter dated 01-02-2019)

Appellant

Contd.5
 -5-

VERIFICATION

I, Sharad Dugar, S/O- Bibek Kumar Dugar, Proprietor of Jain Trading, Holding No. 629,
Bounsi Road, Aliganj, Bhagalpur, Bihar do hereby verify the above contents of the appeal
are true to my personal knowledge and Paras 1 to 8 believed to be true on legal advice
and that I have not suppressed any material fact.

Signature of the appellant

Date:

Place:
To
The Registrar
EPF Appellate Tribunal

FORM II
(Rule 4(4))
RECEIPT SLIP
Receipt of the appeal filed in the Employees’ Provident Funds Appellate Tribunal,
Dhanbad by Shri Sharad Dugar, S/O- Bibek Kumar Dugar, Proprietor of Jain Trading,
Holding No. 629, Bounsi Road, Aliganj, Bhagalpur, Bihar is hereby acknowledged.

Date:
Seal: For Registrar
EPF Appellate Tribunal
 APPENDIX
FORM-I
APPEAL UNDER SECTION 7-I OF THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS
PROVISIONS ACT, 1952
(Rule 4)

ATA Case No. of 2019

APPEAL
INDEX

Sl. No. Description of Documents relied Pages

1 ATA Case Petition 5

1 C&F Agreement with Exide Industries Limited 12

2 C&F Termination letter of Exide Industries Limited 2

3 Appellant’s letter dated 23-01-2018 1
4 Show Cause Notice dated 28-01-2019 of The APFC, Bhagalpur 2
5 Appellant’s letter dated 01-02-2019 1

6 Vakalatnama 1

Signature of the Appellant

For use in Tribunal’s Office
Date of Filing:

Signature for Registrar