JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---Rule, returnable forthwith. Respondents waive service. By consent taken up for final hearing.

2. The issue involved in the present proceedings is whether an action to recover dues payable under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, is maintainable when the employer who is sought to be proceeded against, is an industrial company in respect of whom a proceeding is pending under the Sick Industrial Companies (Special Provisions) Act, 1985. Since the petition involves a lis not merely between the employer, the petitioner before the Court, and the Regional Provident Fund Commissioner and the grant of any relief would impinge upon vital interests of the employees engaged in the industrial undertaking, the Unions representing workmen were impleaded in these proceedings. Accordingly, the Association of Engineering Workers and the Maharashtra Rajya Rashtriya Kamgar Sangh have been impleaded as the Third and the Fourth respondents and the perspective of the workers has been placed for consideration before this Court by their Learned Counsel as well. Since the issue involves a matter of some importance, wi

Click Here to Read the rest of this document