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2023 Supreme(Guj) 667

ANIRUDDHA P. MAYEE
Reliance Industries Limited – Appellant
Versus
Assistant Provident Fund Commissioner – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.S. Nanavati with Mr. Kunal Nanavati with Mr. Shyam Naik With Mr. Shrivastav for Nanavati Associates.
For the Respondent: Mr. A.V. Nair.

JUDGMENT :

1. The present Special Civil Application is filed praying for the following reliefs:-

    “19(A) Your Lordships may be pleased to issue a writ of mandamus/certiorari or a writ in the nature of mandamus/certiorari, or any other appropriate writ, order or direction, quashing and setting aside the impugned order dated 25.2.2008 passed by the respondent under Section 7 A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952; and be further pleased to remand the matter to the respondent authority and direct the respondent authority to hear afresh and decide the inquiry under Section 7 A of the PF Act, after making the contractors as parties and summoning them and requiring them to produce the relevant materials and records, which are in their exclusive and sole possession;

(B) Pending the hearing and final disposal of the present petition, Your Lordships may be pleased to stay the operation and implementation of the order dated 25.2.2008 passed by the respondent under Section 7 A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952;

(C) An ex-parte ad interim relief in terms of prayer (B) may kindly be granted.”

2. It is the case of the petiti

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