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2000 Supreme(Kar) 11

A.V.SRINIVASA REDDY, V.BHASKARA RAO
REGIONAL PROVIDENT FUND COMMISSIONER, MANGALORE – Appellant
Versus
KARNATAKA FOREST PLANTATIONS CORPORATION LIMITED, BANGALORE – Respondent


Advocates:
HARIKRISHNA S.HOLLA, S.N.MURTHY

( 1 ) IN this appeal the appellant calls in question the order dated September 17, 1996 passed by the learned single Judge in W. P. No. 12229 of 1987 allowing the writ petition filed by the respondent herein.

( 2 ) THE facts of the case in brief are: the respondent is an establishment covered under the provisions of the Employees' provident Funds and Miscellaneous Provisions act ('the Act' for short ). Prior to June 30, 1981 the establishment was under the control of State government. With effect from July 1, 1981 a separate Corporation was constituted and the affairs of the erstwhile department under the state Government was entrusted to the said corporation. There was default in payment of the contribution under the Act from 1978 upto october 1987. The appellant passed orders under Section 14-B of the Act. The orders were challenged by the respondent in the present writ petition. The learned single Judge allowed the writ petition and quashed the orders passed by the appellant. Hence, the appeal.

( 3 ) WE have heard the learned Counsel for the parties.

( 4 ) THE learned Counsel for the appellant contended that the transferee establishment becomes jointly and severally liable along








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