Gujarat High Court
Mustan vs State on 1 December, 2011
Author: R. Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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SCA/17086/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 17086 of 2011
=========================================================
MUSTAN
TAHERBHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
M.K. VAKHARIA for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 01/12/2011
ORAL
ORDER
Heard learned advocate Mr.Mehul K. Vakharia for the petitioner. The learned advocate for the petitioner invited attention of the Court to para 8 of the order impugned dated 16th March 2011- Annexure 'A' and invited attention of the Court to Annexure 'D' - paged 36, wherein para 4 reads as under:
"As regards that past period, the matter is under consideration with the Government and further communication will follow."
Though this is dated 28th June 1995, the learned advocate for the petitioner states that no decision of the Government of India is received so far. The learned Presiding Officer, Employees Provident Fund Appellate Tribunal (EPFAT), Delhi has brushed aside this aspect by saying that, "8. It is contended that according to the circular the appellant is not liable to pay the dues. The Circular No.12/Misc/ 91-E1 dated 28.6.1995 shows that the realisation of past dues was under consideration so the circular clearly shows that no waiver was allowed with regard to the past dues."
2. There cannot be more misreading/ misinterpretation of the contents of the circular. The matter requires consideration. RULE. NOTICE as to interim relief returnable on 15th December 2011. Ad interim relief in terms of para 8(D). Direct service is permitted.
(RAVI R. TRIPATHI, J.) karim Top