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1998 Supreme(Pat) 476

S.N.JHA
S. K. G. Chini Mills Mazdoor Sangh through its General Secretary – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioner: Mr. Shivaji Pandey.
For the Respondent: Mr. Prem Kumar Jha. (For Sugar Corpn.); Mr. Rama Shankar Pradhan; (For Resp. 5); M/s Y. V. Giri, Jyoti Sharan & S. K. Giri (For Resp.6); Mr. Ajay Kumar (For State).

Order

The petitioner, a registered Trade Union of the employees of S. K. G. Sugar Mill, since taken over and under the control and management of the Bihar State Sugar Corporation Limited, an undertaking of the Government of Bihar, seeks direction to the respondents-State of Bihar, Sugar Corporation and its officials to deposit to the employees of the Mill for the periods from June, 1983 to June, 1984, September, 1984 to November, 1984 and March, 1985 to April, 1985 with the Regional Provident Fund Commissioner, Patna.

2. S. K. G. Sugar Mills at Hathwa in the District of Gopalganj was under the control of S. K. G. Limited a private limited company prior to 21.10.1985. According to the petitioner, the management of the Mill had deducted the employees' contribution from their wages as provided under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 for the periods in question but failed to deposit the same with the Regional Provident Fund Commissioner. In the year 1985 the State of Bihar took over the Sugar Mill under the Bihar Sugar Undertakings (Acquisition) Act, 1985 (Bihar Act 12/1985) and handed over its management to the Bihar State Sugar Corporation. The peti































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