Gujarat High Court
Deepak Nitrite Limited vs Regional Provident Fund Commissioner & on 7 April, 2011
Author: H.K.Rathod
Bench: H.K.Rathod
SCA/1313/2011 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 1313 of 2011
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DEEPAK NITRITE LIMITED - Petitioner(s)
Versus
REGIONAL PROVIDENT FUND COMMISSIONER & 1 - Respondent(s)
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Appearance :
MR.VARUN K.PATEL for Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1,
MR NIRAL R MEHTA for Respondent(s) : 1,
MR MUKUL SINHA for Respondent(s) : 2,
MR AMRESH N PATEL for Respondent(s) : 2,
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CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD
Date : 07/04/2011
ORAL ORDER
1. Heard Learned Senior advocate Mr. K.M.Patel with Learned advocate Mr. Varun K. Patel appearing on behalf of petitioner. Learned advocate Mr. Niral R. Mehta appearing on behalf of respondent no.1 and learned advocate Mr.R.P.Mankad with learned advocate Mr.Mukul Sinha appearing on behalf of respondent no.2.
2. I have considered submission made by both learned advocates appearing on behalf of respective parties. The question involved and raised in present petition requires detailed examination. Hence, Rule. Meanwhile, it is directed to respondent-P.F.Authority to determine dues of establishment in pursuance to order passed by respondent-P.F.Authority dated 4th April, 1996, while exercising power under Section 7(A) of Provident Fund Act. However, before HC-NIC Page 1 of 2 Created On Sun May 08 03:22:18 IST 2016 SCA/1313/2011 2/2 ORDER determining dues of establishment to extent of provident fund deduction, reasonable opportunity of hearing be given to all respective parties to the proceedings, and thereafter, to pass appropriate orders in accordance with law within a period of six months from date of receiving copy of present order, and thereafter, whatever amount is determined dues of establishment by respondent-P.F.Authority for that respondent- P.F.Authority shall not enforce such order without prior permission of this Court.
3. Learned advocate Mr. Niral R. Mehta submitted that at the time of such application made by respondent authority for enforcement of their order, at that occasion, this Court also consider the question of alternative remedy.
4. It is made clear by this Court that 7-A order dated 04.04.1996 and order passed by Appellate Tribunal on 06.12.2010 is not stayed.
(H.K.RATHOD,J) GIRISH HC-NIC Page 2 of 2 Created On Sun May 08 03:22:18 IST 2016