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2006 Supreme(Cal) 86

ASOK KUMAR GANGULY, SAILENDRA PRASAD TALUKDAR
KELVIN JUTE COMPANY LTD. – Appellant
Versus
KRISHNA KUMAR AGARWAL – Respondent


Advocates Appeared:
Amit Kumar Gupta, ANIL KUMAR GUPTA, Anindya Kumar Mitra, BALAI CHANDRA ROY, Bidyut Kumar Banerjee, JOY SAHA, K.M.Sinha, M.C.Das, P.S.SENGUPTA, Pushan Kar, Samaraditya Pal, SANJAY BOSE, SOUMYA KANTI CHATTERJEE, Tapas Kumar Chowdhury, Tarak Nath Das, UTPAL MAJUMDAR

Asok Kumar Ganguly, Sailendra Prasad Talukdar

( 1 ) TALUKDAR, J.-Consistent indifference, if not painful inaction, over a protracted period of time on the part of the Provident Fund authorities and other respondents, left the petitioner, Krishna Kumar Agarwal, with no choice but to approach the Court for necessary redress.

( 2 ) THE petitioner, as President of the Waverley Jute Mills Workers' provident Fund, filed an application under Article 226 of the Constitution with the following grievances :-Kelvin Jute Mills Company Limited had two units namely, Kelvin Jute mills and Waverly Jute Mills Company which was known as Kelvin Broad Loom division. Hooghly Mills Company Limited took over the Kelvin Broad Loom division with effect from 30. 06. 1986.

( 3 ) PRIOR to such transfer, the Provident Fund used to be managed by kelvin Jute Mills Company Ltd. Workers' Provident Fund Trust. It was a fund exempted under Section 17 of the Provident Fund and Miscellaneous Provisions act, 1952. It consisted of P. F. Accounts of all the workers employed in the said two units. After being taken over by Hooghly Mills, an exempted fund of the workers including those who came along with the transfer of






























































































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