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2006 Supreme(Kar) 1010

H.V.G.RAMESH
CHINDAN A. RAJAN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
N.R. Nagaraj,Sri Ashok Haranahalli

ORDER

In this writ petition, the petitioner has sought for to declare Section 8-B(1)(b) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'Act' in short), insofar as the same confers unguided and arbitrary power to the Executives, other than a Court of law, to arrest an employer and to detain him in a prison as void and unconstitutional being violative of Article 21 of the Constitution of India; and also sought to declare the act of the fourth respondent in arresting and detaining the petitioner in prison by its order dated 18-10-2002 as unconstitutional and without the authority law. However, the third prayer has become infructuous since this Court has already ordered to release the petitioner. Further, the petitioner has prayed to direct the 4th respondent to pay adequate and appropriate compensation to the petitioner and for such other reliefs.

2. According to the petitioner, he is the Managing Director of M/s. Storacks Limited, a private limited company consists of his family members having its registered office at Saptagiri Complex, Sankey Road, Bangalore-20. He is also a proprietor of M/s. Metallica Pressings having its busin

















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