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SANJAY DHAR
Goverdhan Lal and Sons – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. The afore-titled 17 writ petitions raise identical questions of law and facts, as such, the same are being taken up together for consideration. By virtue of instant common judgment, the afore-titled cases are proposed to be decided together.
2. Before coming to the common issues of law and facts that arise out of afore-titled writ petitions, it would be apt to give a brief description about the nature of relief sought by the petitioners in the afore-titled writ petitions.
1. OWP No. 963/2015:
3. By virtue of this writ petition, the petitioner has challenged recovery proceedings leading to issuance of impugned recovery notice bearing No. JK/J-151/393-95 dated 11.06.2015 issued by respondent No. 6, whereby the petitioner has been asked to deposit a sum of Rs. 6,28,934/- on account of arrears of provident fund contribution, administrative charges and damages on provident fund contribution as also on administrative charges.
2. OWP No. 1383/2012:
4. By virtue of this writ petition, the petitioner has challenged notice bearing No. Spl.Coll/J/59/251 dated 24.08.2012 issued by respondent No. 5, whereby recovery on account of provident fund dues to the tune of Rs. 1,17802/-, has bee
The recovery for money due, including provident fund contribution and damages recoverable under Section 16, has to be made by the Government. The Act requires an authorized officer to conduct an inqu....
Recovery order under EPF Act Section 8-F(3)(i) quashed for lacking prior reasonable notice and hearing opportunity; eight-year-old notice stale; natural justice mandatory in quasi-judicial recovery p....
The EPF Act prioritizes workers' dues over all other liabilities, and prohibitory orders must comply with statutory inquiry procedures to protect employees' rights.
The court established that proceedings under the EPF Act must adhere to natural justice, requiring identification of employees and contractors before imposing liabilities.
The court emphasized the necessity of adhering to natural justice principles in administrative proceedings, particularly ensuring that parties are given adequate opportunity to contest findings befor....
The main legal point established in the judgment is that recovery of government dues from a retiring government servant must be based on proper documentation and should adhere to the principles outli....
The Commissioner must conduct an independent inquiry under Section 7A of the Act, ensuring compliance with natural justice principles before determining amounts due from employers.
The court emphasized the importance of the appeal procedure and directed the appellants to avail appropriate remedy by submitting a representation or appeal before the Board of Trustees to raise thei....
provision specifically provides that for computing the money value of a benefit accrued to the workman, the Labour Court can appoint the Commissioner for taking necessary evidence. Thus, the scope of....
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