SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(SC) 70

SUPREME COURT OF INDIA
KURIAN JOSEPH, ROHINTON FALI NARIMAN, JJ.
The Kelvin Jute Co. Ltd. Wors. P.F.& Ors. – Appellants
Versus
Krishna Kumar Agarwala & Ors. – Respondents
Civil Appeal Nos. 2591 & 2593 of 2006
Decided on : 21-01-2016

Headnote:Administration of Justice – Well reasoned order passed by Single Judge and affirmed by Division Bench – No ground to interfere. (Para 1)

       Employees' Provident Funds and Miscellaneous Provisions Act, 1952 – Section 7A – Direction to the Company as well as to the Trust for payment of provident fund dues – Company merging with another company – In case Trust failing to make the payment, new company given liberty to approach Supreme Court for directions. (Para 2, 3)

       

JUDGMENT :

Kurian, J.

1. After having extensively heard Mr. Dushyant Dave and Mr. Jayant Bhushan, learned senior counsel appearing for the appellants and Mr. Sudhir Chandra, Mr. Bhaskar P. Gupta and Mr. Krishnan Venugopal, learned senior counsel appearing for the respondents, we see no ground to interfere with the well reasoned order passed by the learned Single Judge of the Calcutta High Court, as affirmed by the Division Bench of the High Court, since the High Court has mainly proceeded on undisputed facts.

2. Mr. Krishnan Venugopal, learned senior counsel, has submitted that the Kelvin Jute Company Ltd. has since merged into Trend Vyapaar Ltd. in 2001 under a scheme formed by BIFR. We see from the Judgment that the direction for payment of the provident fund dues is to the Trust as well as to the Company.

3. In the unlikely event of the Trust not able to meet the payment as directed by the High Court, it would be open to the new company referred to above to approach this Court for appropriate directions.

4. Since the matter has been pending before this Court since 2006 and as there was an order of stay of the Judgment of the High Court, we grant further period of three months for payment of the amount as directed by the High Court.

5. In view of the above, the Civil Appeals are dismissed with no order as to costs.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top