AMOL RATTAN SINGH
Punjab National Bank Circle Office Ludhiana – Appellant
Versus
Union of India – Respondent
Judgment
Mr. Amol Rattan Singh, J.:- By this petition, the petitioner (the Punjab National Bank, Circle Office Ludhiana and the Chief Manager of the Branch at Dhandari Kalan, Ludhiana), challenge the order passed by the 3rd respondent, i.e. the recovery officer of the Employees Provident Fund Organization, Ludhiana, dated 24.05.2019 (copy Annexure P-10), by which in fact the Zonal Manager of the said Bank (petitioner no. 2) has been made liable to pay a sum of Rs. 4,91,263/- on account of dues from M/s R.V. International, Dhandari Kalan, Ludhiana, which firm is stated to be a ‘deemed defaulter’ under the provisions of Section 11 (2) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.
The salary of the Chief Manager of the Dhandari Kalan Branch of the Bank, has also been ordered to be attached, towards recovery therefrom of the dues.
2. It is to be noticed that the aforesaid ‘deemed defaulter’, has not been impleaded as a respondent in the present petition, with learned counsel for the 1st petitioner having submitted that since the impugned order is only one by which the petitioner Bank and its officer have been held liable to pay the aforesaid sum of money, in
Solidaire India Limited vs. Fairgrowth Financial Services Limited and others (2001) 3 SCC 71
M/s Madrash Petrochem Limited and another vs. BIFR and others AIR 2016 SC 898
Employees Provident Fund Commissioner vs. O.L. of Esskay Pharmaceuticals Limited (2011) 10 SCC 727
Union of India and others vs. SICOM Ltd. and another (2009) 2 SCC 121
Maharashtra State Co-operative Bank Limited vs. APFC and another
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