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2010 Supreme(Bom) 331

A.M.KHANWILKAR, S.S.SHINDE
Maharashtra State Cooperative Bank Ltd. – Appellant
Versus
Assistant Provident Fund Commissioner – Respondent


Advocates appeared:
For the Petitioner:R.N. Dhorde, Advocate.
For the Respondents:R1 & R2. K.B. Choudhary, Advocate, R4 & R5, Alok Sharma, Standing Counsel, R6 & R7,
S.K. Tambe, A.G.P.

Judgment :

Heard learned Counsel for the parties.

2. By this petition under Article 226 of the Constitution of India, the petitioner, a registered Cooperative Society under the provisions of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as "The Act of 1960") is an Apex Society, prays that it be declared that the auction notice dated 11/02/2010 published by the Recovery Officer, Provident Fund Organisation (respondent No.2), in the local newspaper for auctioning 6000 quintals of sugar bags to effectuate the recovery of the provident fund dues of the employees of respondent No.3 M/s. Shivajirao Patil Nilangekar Sahakari Sakhar Karkhana Ltd., Nilanga District Latur, by invoking the enabling provisions of the Employees of the Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "The Act of 1952), is illegal and violative of Article 14 of the Constitution of India as well as Section 11(2) of the Act of 1952 and also provisions of Essential Commodities Act, 1955 (hereinafter referred to as "The Act of 1955), and the Sugar (Control) Order, 1966. The petitioner has also prayed for quashing and setting aside the auction notice dated 11























































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