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2011 Supreme(Mad) 2857

K.CHANDRU
Union Bank of India, Rep by its Chief Manager, Kochi – Appellant
Versus
Recovery Officer, Employees Provident Fund Organisation, Coimbatore – Respondent


Advocates Appeared:
For the Petitioners:Mr. A.V. Arun, Advocate, Mrs. Nalini Chidambaram, SC, Mr. R. Parthiban, Advocate.
For the Respondents:R1, Mr. V. Vibhishanan, Advocate, R1, R2, Mrs. Nalini Chidambaram, SC, Mr. R. Parthiban, Mr. K.M. Vijayan, SC, R3, Mr. A.S. Balaji, Advocate.

JUDGMENT :-

1. Both writ petitions came to be posted on being specially ordered by the Hon'ble Chief Justice vide his order dated 19.4.2011.

2. It is a peculiar case where one writ petitioner is a nationalised Bank which gave sticky advance to a plantation owner and the second writ petitioner is that plantation management which is a chronic defaulter of all dues towards various labour legislations. They have come to this court challenging the action initiated by the PF Department in having recovered the amounts due to them by invoking the execution power conferred on them by virtue of Section 8 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

3. In the first writ petition in W.P.No.8686 of 2010, the petitioner is the Union Bank of India challenges the sale notice dated 19.2.2010 issued by the recovery officer, EPF Organisation and seeks to set aside the same. In that writ petition, this court on 27.4.2010 had directed telegraphic notice to be issued to the plantation management and notice was directed to be taken by the Standing Counsel for the PF Department. Pending the writ petition, no interim order was granted. Subsequently, the third respondent herein was i





































































































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