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1990 Supreme(Mad) 463

O.MOHAN, VENKATASWAMY, S.RAMALINGAM
The Regional Commissioner, Employees Provident Funds, Madras – Appellant
Versus
M/s. Kamaraj Textiles, – Respondent


Advocates Appeared:
For the Appearing Parties:Ms. Radha Srinivasan, Mr. S. Venkataraman, M/s. M.N. Krishnamani & C.M. Krishnakumar, Sri T. Somasundaram, Additional Central Government Standing Counsel, Mr. S. Venkataraman, Mr.T. Somasundaram, Additional Central Government Standing Counsel, Mr. S. Venkataraman, Advocates.

Judgment :-

NAINAR SNUDARAM, J

1. These five Writ Appeals are directed against the common order of Varadarajan, J., as he then was, in the concerned Writ Petitions. The appellant in these Writ Appeals was the respondent in the Writ Petitions and the respondents herein were the respective petitioner in the Writ Petitions. It will be convenient to refer to the parties as they stood arrayed in the writ Petitions.

2. The respondent initiated proceedings on the basis that the petitioners will be covered by the Employees Provident Funds and Miscellaneous Provisions Act, 1952, hereinafter referred to as the Act, and the Scheme framed thereunder. The petitioners would not accept that they are covered by the Act and the scheme and they would state that they have filed applications under S. 19-A of the Act before the Central Government and they are pending. Yet, the respondent wanted to proceed with the enquiry under S. 7-A of the Act. But, the petitioners would object to the prosecution of the proceedings under S. 7-A of the Act on the ground that the respondent lacked jurisdiction to proceed with such enquiry, pending adjudication under S. 19-A of the Act. They were consistent in this stand























































































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