(Appeal filed under Clause 15 of the Letters Patent against the order passed in W.P.M.P.No. 44206 of 2005 in W.P.No.41166 of 2005 dated 23.12.2005.)

The Hon’ble Chief Justice

The short but important issue which falls for our consideration in the present appeals is whether the action to recover the dues payable under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, is maintainable when the employer, who is sought to be proceeded against is an Industrial Company in respect of whom a proceeding is pending under the Sick Industrial Companies (Special Provisions) Act, 1985.

2. The appellants in the aforesaid writ appeals are sick companies within the meaning of Section 3(1)(o) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short ‘the SICA’).

The facts leading to these appeals are undisputed and need to be noted in brief.

Writ Appeal No.230 of 2006

The admitted facts are that the appellant company had committed defaults in remitting the amounts due to the Employees Provident Fund Scheme to the tune of Rs.10,96,676/- during the period from September 2000 to December 2000. Therefore, notice dated 10.11.2005 has been issue