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2010 Supreme(J&K) 352

Hakim Imtiyaz Hussain, Sunil Hali
Divisional Manager – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
B.M. Bhardwaj, Abhinav Sharma.

1. This appeal is directed against the judgment and order dated 02.06.2009 of learned Single Judge in OWP Nos: 959/2003 and 37/2007 titled Divisional Manager and ors v. State of J&K & Ors.

2. Brief facts of the case are as under:

Provident Fund Commissioner (Enforcement) Jammu (for short "the Commissioner") has issued various notices to the State Forest Corporation asking them to deposit the contribution for the workers engaged by the Contractors/Mates of the Corporation for extration of Work under the Jammu and Kashmir Employees Provident Funds (And Miscellaneous Provisions) Act, 1961 (for short "the Act"). The Corporation, however, failed to make contributions so recovery proceedings were initiated against the Corporation by the Special Tehsildar (Recovery) Assistant Collector 1st Class Jammu. A writ petition OWP No. 959/2003 was filed by the Corporation seeking quashment of the notices issued by the Special Tehsildar (Recovery). During the pendency of the said writ petition, another writ petition OWP No. 37/2007 was also filed by the Corporation seeking direction to the Commissioner not to proceed against the Corporation Under the provisions of the Act. These petitions were consid































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