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1
HIGH COURT OF MADHYA PRADESH, BENCH AT
GWALIOR.
REVIEW PETITION NO. 117 OF 2011.

Surya Roshni Limited.
vs.
Employees Provident Fund and another.
-------------------------------------------------------------------------------------------------
DB : HON'BLE SHRI S.K.GANGELE &
HON'BLE SHRI BRIJ KISHORE DUBE , JJ.
Shri Rajendra Tiwari, Senior Advocate, with Shri Prashant Sharma,
Advocate, for petitioner.
Shri S.L. Gupta, Advocate, and Shri R.K. Goyal, Advocate, for
respondents.
.......................................................................................................
Whether approved for Reporting :
.......................................................................................................
O R D E R.
(Passed on this ....... day of November, 2011)
Per S.K. Gangele, J. -

1. This review petition has been filed for review of the
order dated 24.03.2011 passed by this Court in Writ
Petition No. 1891/2011.
2. A notice was issued by the Assistant Provident Fund
Commissioner to the petitioner under Section 7-A of the
Employees' Provident Fund and miscellaneous Provisions
Act, 1952, hereinafter referred to as the 'Act of 1952'.The
Assistant Provident Fund Commissioner noticed the fact
that the petitioner – company had been paying less amount
towards contribution of Provident Fund and it had
bifurcated the salary of employees in order to avoid the
liability of payment of provident fund contribution. The
notice was issued on the basis of a report submitted by the
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Enforcement Officer. The main contention was that the
petitioner – company had been paying special allowance,
dearness allowance, conveyance allowance and other
allowances, however, those allowances were part and
parcel of basic wage.
3. The petitioner-company contested the case before the
Authority. The Authority vide final order assessed the
liability of the petitioner. Against the aforesaid order,
petitioner preferred an appeal. That appeal has been
dismissed. Thereafter, a writ petition was filed before this
Court. This Court has up held the orders passed by the
Authority as well as the Assessing Authority with certain
variations.
4. Learned Senior Counsel appearing on behalf of the
petitioner has contended this Court committed an error of
law in holding that conveyance allowance i.e. transport
allowance and other allowances except the lunch allowance,
are part and parcel of basic wages. The learned Senior
Counsel further submitted that the allowance have not been
paid universally to all the employees and no reasons have
been assigned by this Court to hold that these allowances
are part and parcel of the basic wage, hence, the order is
liable to be reviewed. In support of his contentions, learned
Counsel relied on the following judgments :-
(1) Parsion Devi and others vs. Sumitri Devi
and others, (1997) 8 SCC 715;
(2) M/s Thungabhadra Industries Ltd. v. The
Government of Andhra Pradesh, AIR 1964
SC 1372;
(3) Meera Bhanja (Smt.) vs. Nirmala Kumari
Choudhury (Smt.), (1995) 1 SCC 170; and
(4) Dr. Janak Rajjai Vs. H.D. Deve Gowda,
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(1997) 10 SCC 462.
5. In the final order passed by the Authority it has clearly
been observed that the special allowance has been given to
all the employees. The conveyance allowance has also been
given to all the employees. The management put forth the
argument before the Authority that the conveyance
allowance was paid to the employees to defray the expenses
incurred by the employees coming to the establishment
from home and return. Washing allowance was also paid to
all the employees. Canteen allowance was also paid to all
the employees. The petitioner filed its written submissions
and the reply before the Assistant Provident Fund
Commissioner. In the aforesaid documents the petitioner
did not plead the fact that the aforesaid allowances were
not paid to all the employe4es. An appeal was filed against
the order of the Assistant Commissioner, Provident Fund. In
the appeal also it was not pleaded. Similarly, thereafter a
writ petition was filed. In the writ petition also this fact was
not controverted that these allowances were not paid to all
the employees.
6. Along with the review petition, the petitioner has filed
certain documents and contended that the allowances were
not paid to all the employees. However, from perusal of the
documents, in our opinion, the contention raised by the
petitioner could not be accepted. Apart from this, these
points have not been raised before the original Authorities.
It is also a fact that this Court has considered the judgment
of Hon'ble the Supreme Court and after considering the
judgments in regard to liability of payment of provident
fund of employees this Court has passed the order.
7. Basic principle of review is that there must be an error
apparent on the face of record. The review is not a
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substitute of regular appeal. It is also a fact when the
findings have been affirmed by the Appellate Authority ,
then it is not necessary for writ Court to give detailed
reasons or analyze the findings of facts recorded by the
lower Tribunal or quasi judicial authority.
8. Looking to the aforesaid facts of the case, in our
opinion, there is no error apparent on the face of record.
Hence, we do not find any merit in this review petition. It is
hereby dismissed.
(S.K.Gangele) (Brij Kishore Dube)
Judge Judge
(___.11.2011). (___.11.2011).
sst

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