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SCA/7898/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7898 of 2011
=========================================================
VVF
LTD - Petitioner(s)
Versus
ASST.PROVIDENT
FUND COMMISSIONER & 1 - Respondent(s)
=========================================================
Appearance :
MR
K M PATEL, LD SENIOR ADVOCATE FOR MR DHARMESH D NANAVATY
for Petitioner(s) : 1,
None
for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 05/07/2011
ORAL
ORDER
1. Heard
learned Senior Advocate, Mr.K M Patel, for Mr.D D Nanavati, for the
petitioner. Learned Senior Advocate, Mr. Patel invited attention of
the Court to Page No.56 and read paragraph No.6.27 which reads as
under:
“6.27 It is submitted
that in fact before the APEC the Appellant had requested that the
concerned proceedings under Section 7-A of the Act should be
conducted against the concerned contractors and not against the
Appellant but to no avail. It is however interesting to note that in
regard to one of the contractors namely M/s. Siddhi Vinayak
Enterprises, the APEC in the impugned order has directed for
initiating a separate enquiry. It is reiterated that it is the
contractors whose establishment had been treated as independent
establishments under the Act by the PF Department, by issuing them
separate and distinct PF Code Nos., who are liable for payment of PF
Contributions under the Act and not the Appellant.”
2. Notice
and Notice as interim-relief returnable on 25/07/2011.
2.1 By
way of ad-interim-relief further execution and operation
of order dated 30/04/2007 passed under Section 7A by the respondent
No.1-Assistant Provident Fund Commissioner, Rajkot is stayed. Direct
Service is permitted.
(RAVI
R TRIPATHI, J.)
sompura
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