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SCA/12842/2010 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12842 of 2010
===============================================
UNION
OF INDIA & 1 - Petitioner(s)
Versus
M/S
PRABHAT HOSPITAL PVT LTD - Respondent(s)
===============================================
Appearance
:
MR
NIRAL R MEHTA for Petitioner(s) : 1 - 2.
None for Respondent(s) :
1,
===============================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 25/10/2010
ORAL ORDER
Heard
Mr. Mehta, learned advocate for the petitioner-Union of India
(Provident Fund Commissioner).
The
petition is directed against the proceedings of Regular Civil Suit
No.163 of 2010 as well as the order dated 26.07.2010 passed by the
learned trial Court below Exh.5 in the said suit whereby the learned
trial Court has directed the original defendants i.e. present
petitioners to maintain status-quo.
Mr.
Mehta, learned advocate for the petitioners, has submitted that the
petitioners had initiated proceedings against the respondent herein
i.e. original plaintiff under the provisions of Employees’ Provident
Fund & Miscellaneous Provisions Act, 1952 {hereinafter referred
to as the EPFMP Act } for recovery of dues towards P.F.
Contribution and for that purpose, appropriate notice under Section
7(A) for determining the amount of unpaid contribution towards
provident fund was issued.
He
also submitted that the said notice culminated into an order dated
28.04.2003 passed by the Assistant commissioner. The said order was
carried in appeal before the Provident Fund Appellate Tribunal by the
original plaintiff. The plaintiff lost before the appellant tribunal
as well and the learned tribunal rejected the appeal by order dated
03.05.2010. He further submitted that after conclusion of the
aforesaid proceedings, the respondent herein filed the above referred
suit.
Mr.
Mehta also submitted that in view of the aforesaid proceedings and
the provisions of the EPFMP Act, the suit proceedings itself are not
maintainable against the orders passed by the Assistant Commissioner
of Provident Fund and the Appellate Tribunal. He submitted that the
order passed by the learned trial Court below Exh.5 is, therefore,
without jurisdiction.
Having
regard to the contentions and provisions under the the EPFMP Act and
the fact that the plaintiff has lost in the proceedings before the
Commissioner and the Appellate Tribunal, the matter requires
consideration hence Rule. Returnable on 6th
December, 2010. Notice for interim relief also returnable on 6th
December, 2010.
By
way of ad-interim relief, it is directed on the condition that before
taking any coercive action, the petitioner will give notice of 48
hours to the respondent herein, the operation of the order dated
26.07.2008 as well as the further proceedings of Regular Civil Suit
No.163 of 2010 shall remain stayed until next of hearing of present
petition.
[K.M.Thaker,
J.]
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