M/S P.K. Construction Thr. ... vs Asst. Provident Fund ...
2022 Latest Caselaw 10975 Bom

                                                          1                         70-mca-688-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

            MISC. CIVIL APPLICATION (REVIEW) NO. 688 OF 2022
                                   IN
                      WRIT PETITION NO. 232 OF 2010
                   M/s P.K. Sancheti Engineers & Contractor
                                      Vs.
            The Assistant Provident Fund Commissioner and another

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. Shantanu Ghate, Advocate for the applicant




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 18th OCTOBER, 2022.

Mr. Ghate, learned counsel for the applicant submits that neither in the order dated 14/03/2011, in Writ Petition No. 2433/2010, (page 14), nor in the judgment in LPA St. No. 14633/2011, decided on 15/3/2012 (page 20), anything is said about the liability regarding the period 1996 to 2004. The only question was regarding the identification of the employees entitled for contribution of the applicants for the duration 2005-06 & 2006-07 for which duration the Tribunal has already held 82 employees entitled for the benefits, inspite of which the order of Tribunal dated 21/12/2015 is set aside, which holds that the applicant is bound to pay employees' share of contribution for the years 2005-06 and 2006-07. However, it is contended that there is no adjudication regarding the liability of the 2 70-mca-688-2022.odt

applicant to pay the employees' contribution for the duration 1996 to 2004, as result of which the order dated 11/7/2022, suffers from an error apparent on the face of the record.

2. In an identical matter, MCA No. 635/2022 notice already has been issued, considering which issue notice for final disposal, returnable on 21/11/2022.

3. Mr. Ghate, learned counsel submits that the respondent organization by the communication dated 25/8/2022, has made a demand for contribution which is for the period 1996 to 2004, in respect of which the liability is yet to be adjudicated, considering which there shall be stay to the notice dated. 25/8/2022, till the returnable date.

JUDGE

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:18.10.2022 19:30