IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 4 of 1997
For Approval and Signature:
Hon'ble MR.JUSTICE M.R.CALLA
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1. Whether Reporters of Local Papers may be allowed
to see the judgements?
2. To be referred to the Reporter or not?
3. Whether Their Lordships wish to see the fair copy
of the judgement?
4. Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the Civil Judge?
1 to 5 No
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N T V MULTIWALL PAPER BAG CO PVT LTD AND ANR
Versus
REGIONAL PROVIDENT FUND COMMISSIONER
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Appearance:
MR PR NANAVATI for Petitioners
MR KETAN A DAVE for Respondent Nos.1, 2, 3, 4
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CORAM : MR.JUSTICE M.R.CALLA
Date of decision: 02/05/97
ORAL JUDGEMENT
Mr.Nanavati has invited my attention to the order
dated 19.9.94 passed by the Assistant Provident Fund.
Commissioner, Gujarat State, Ahmedabad and yet another
order dated 8.2.96 passed by the Regional Provident Fund
Commisioner, Incharge Sub Regional Office, Surat
requiring the petitioner-Company to deposit the dues of
Provident Fund. It has been argued by Mr. Nanavati that
the dues with regard to the period March 1992 to July
1994 is covered by the order passed by the concerned
authority at Ahmedabad on 19.9.94 and yet with regard to
the very same period, the Regional Provident Fund.
Commissioner, Incharge Sub Regional Office,Surat has
again passed the order as is apparent from the order
dated 8.2.96 itself, which relates to the period March
1992 to July 1995. Mr. Nanavati has also submitted that
he has already deposited certain amount, ofcourse the
details are not readily available with him. The
aforesaid factual aspect of the matter has not been
disputed by Mr. Dave appearing on behalf of the
respondents.
In the facts and circumstances of this case, it
is directed that the petitioners may furnish full details
with regard to the amount already deposited by it for the
period March 1992 to July 1994 or thereafter, if any,
before the Regional Provident Fund Comissioner, Incharge
Sub Regional Office, Surat alongwith a proper application
so as to revise or modify the order dated 8.2.96. Should
the petitioners make such an application alongwith the
details of deposit and the exact period, the Regional
Provident Fund Commissioner, Incharge Sub Regional
Office, Surat shall decide such application after hearing
the petitioners in accordance with law for the entire due
period upto date and he may revise or modify his order
dated 8.2.96, if necessary. Concerned Authority at Surat
shall decide such application within a period of 8 weeks
from the date such application is moved by the
petitioner-Company before him and it will be obligatory
for the petitioner-Company to move such application
before the concerned authority at Surat within 15 days
from today.
This Special Civil Application is allowed in part
as above and the Rule is also made absolute accordingly
with no order as to costs.
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