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Food Corporation Of India vs Provident Fund Commissioner And Anr on 26 October, 1989

In support counsel for the petitioner had placed reliance on a decision of the Hon'ble Supreme Court in Food Corporation of India V. Provident Fund Commissioner W.P.(c) No.34628/2011 -7- and others (1989 (II) LLN 987). It is held therein that the Commissioner should exercise all powers to collect all the evidence and collect all materials before coming to proper a conclusion, which is the legal duty of the Commissioner. It will be a failure to exercise the jurisdiction, particularly when a party to the proceedings requests for summoning of evidence from any particular person. On the facts of the said case the employer urged that the contractors are in possession of the relevant lists and the Commissioners had not given notice to contractors nor made them parties to the proceedings, inspite of repeated requests. Learned Senior counsel contended that an exactly identical situation prevails in the case at hand. Hence it is contended that there is clear denial of natural justice in arriving determination of contribution payable.
Supreme Court of India Cites 8 - Cited by 84 - K J Shetty - Full Document
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