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2009 Supreme(J&K) 246

J.P.SINGH
State Forest Corp. , J&K – Appellant
Versus
Commissioner, Provident Fund – Respondent


Advocates Appeared:
Advocate For Appellant: Vipan Gandotra
Advocate For Appellant: B.M. Bhardwaj
Advocate For Respondent: Abhinav Sharma

1. Provident Fund Commissioner (Enforcement) Jammu, issued various notices to the functionaries of the State Forest Corporation, calling upon it to deposit the contribution, it was required to pay for the workers engaged by the Contractor(s)/Mate(s), of the Corporation, for its work of extraction of timber, under the Jammu and Kashmir Employees Provident Funds (And Miscellaneous Provisions) Act, 1961. Failure of the Corporation to deposit the contribution, ultimately resulted in initiation of recovery proceedings against it, by the Special Tehsildar (Recovery) Assistant Collector Ist Class, Jammu.

2. The State Forest Corporation, hereinafter to be referred as the "Corporation", filed OWP no. 959/2003 seeking quashing of the notices issued by the Special Tehsildar, on a short ground, that despite Corporations approaching the Commissioner Provident Funds Office, it had not informed it about the names of the workers for whom the contribution was payable, And that the recovery proceedings initiated at the behest of the Commissioner, were bad in law, being in violation of the provisions of Section 8-A of the Jammu and Kashmir Employees Provident Funds (And Miscellaneous Provisions) Act,





























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