1994 Supreme(Raj) 993
R.R.YADAV
Mahaveer Textiles – Appellant
Versus
Union of India – Respondent
Advocates:
For the Petitioner:Mr. M.L. Kala, Advocate.
For the Respondents No. 1 to 4:Mr. M.S. Vyas, Advocate.
JUDGMENT
1. - The petitioner-establishment has filed the instant writ petition under Article 226 of the Constitution of India with a prayer that he should be declared to be entitled for infancy period under Section 16 of the Employees Provident Funds & Miscellaneous Provisions Act, 1952, (hereinafter referred to as 'the Act of 1952') and order passed by the Regional Provident Fund Commissioner, Jaipur (respondent No. 2) dated 18.5.1982 followed by recovery proceedings dated 17.8.1982 Annx. 9 and 10 respectively be quashed. It is further prayed that the order passed by respondent No. 4 in exercise of his powers under Section 19-A of the said Act passed on 23.10.92 Annx. 12 to the writ petition may also be quashed.
2. The aforesaid reliefs are being prayed by the petitioner-establishment on the ground, inter alia, that it is an establishment which came into existence on 3.9.79 by an instrument of partnership-deed Annx. 1 to the writ petition executed between the partners viz. Shri Shanti Lal and Smt. Premi Bai. It is also stated that prior to the commencement of the partnership, Shri Shantilal was running this concern in his individual capacity as Proprietor w.e.f. 1.3.78, which ult
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