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2011 Supreme(Kar) 353

RAM MOHAN REDDY
R. Vijayendra Babu – Appellant
Versus
K. Narayana – Respondent


Advocates Appeared:
For the Petitioner:Lomesh Kiran M. for M/s. Indus Law, Advocates.
For the Respondents:G. Mallikarjunapa, Advocate.

Judgment :

1. Petitioner aggrieved by the order Annexure-F of the 2nd respondent-Assistant PF Commissioner and Recovery Officer directing issue of warrant of arrest and commit the petitioner to civil prison, has presented this petition.

2. Petition is opposed by filing statement of objections dated nil of the 2nd respondent, inter alia contending that M/s. Spectra Lamps Private Limited, covered under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short, ‘the Act’), committed default in remitting provident fund contribution, following which an order under Section 7-A of the Act was passed, determining non-remittance of Rs.15,34,123/-towards contributions for the period 09/1998 to 02/2006. Failure to comply with the said order, led to issue of recovery certificates bearing Nos.119, 06, 55 and 30, dated 16-1-2002, 20-5-2002, 10-1-2005 and 8-4-2008, respectively, under Section 8 of the Act. Recovery Officer/respondent on receipt of the certificates, initiated proceedings to recover the said sums by arrest of the employer, being one amongst several modes prescribed in Sections 8-B to 8-G of the Act, by issuing a show-cause notice dated 27-11-2009 whence, the p





















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