Frohberg Builders Limited vs Employees Provident Fund Org
2023 Latest Caselaw 186 Guj

     C/SCA/15635/2013                           ORDER DATED: 07/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 15635 of 2013

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                    FROHBERG BUILDERS LIMITED
                              Versus
              EMPLOYEES PROVIDENT FUND ORG & 4 other(s)
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Appearance:
MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 5
MR NK MAJMUDAR(430) for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3,4
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                            Date : 07/01/2023
                             ORAL ORDER

1. Heard learned advocates for the respective parties.

2. Mr.N.K. Majmudar, learned advocate for respondent

Nos.1 and 2 submits that by way of further affidavit dated

27th October, 2015, the respondent No.1 and 2 had taken a

decision to conduct a denovo enquiry under the provisions

of Section 7A of the Employees Provident Fund Act (for

short, "the Act). The said affidavit is filed on record along

with the letter dated 26.10.2015.

3. Mr. Dipak Dave, learned advocate appearing on behalf

C/SCA/15635/2013 ORDER DATED: 07/01/2023

of the petitioner has no objection, if such a denovo enquiry

is conducted for setting aside the impugned order.

4. In view of the averments made in the additional

affidavit abovementioned as well as the consent of the

learned advocate for the petitioner, the impugned judgment

and order dated 27.09.2013 passed by the respondent no.2

(Annexure-L) is quashed and set aside and the matter is

remanded back to respondent Nos.1 and 2 for denovo

enquiry under Section 7A of the Act.

Accordingly the writ petition is disposed of accordingly.

(ANIRUDDHA P. MAYEE, J.) ALI