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2024 Supreme(Bom) 27

RAVINDRA V. GHUGE, Y. G. KHOBRAGADE
Siddhi Engineering – Appellant
Versus
Regional Provident Fund Commissioner-II, Aurangabad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: G.S. Telangre.
For the Respondent: Nitin K. Chaudhari.

JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the respective parties.

2. The Petitioner has put forth prayer clauses (b), (c), (d) and (e), which read as under:

    “(b) Call for the records and proceedings related to the Petitioner with Respondents.

(c) Quash and set-aside impugned orders No MH/AB/83952 dated 23/09/2021; Certificate under Section 8 of the Act; dated 05/04/2022, Notice dated 29/11/2023 of Recovery Officer.

(d) Stay to the Impugned Orders No. MH/AB/83952 dated 23/9/2021; Certificate under Section 8 of the Act, dated 05/04/2022, Notice dated 29/11/2023 of Recovery Officer.

(e) The Respondent be directed stay the Recovery proceeding initiated against the Petitioner during pendency of the Petition.”

3. The Respondent Authority conducted the inquiry of the Petitioner/factory under Section 7(A) of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the 1952 Act’) for the non-payment of the PF contributions and non-submission of records, for the period from 05/2016 to 05/

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