Shri. Rajendra Sukhdev Mirgane v. Shri. Ashok Dnyaneshwar Kashid And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1887 OF 2016 IN WRIT PETITION NO.7779 OF 2014 Shri. Rajendra Sukhdev Mirgane .. Applicant/Intervener

IN THE MATTER BETWEEN

Shri. Ashok Dnyaneshwar Kashid and others ..Petitioners

Versus

Office of the Recovery Officer Employee's Provident Fund Organization Ministry of Labour and Employment 165-A, Surwase Towers, Railway Lines, Solapur-413 001 and others ..Respondents Mr. B. D. Joshi for the Applicant/Intervener. Mr. S. R. Kulkarni for the original Petitioners. Ms. Sangeeta Yadav i/by Mr. Suresh Kumar for the Respondent Nos.1 and 2.

Mrs. V. S. Nimbalkar AGP for the Respondent No.3. CORAM :

R. M. SAVANT, J.

DATE :

30th AUGUST, 2016 P.C.

The above Civil Application has been filed by the Applicant for being allowed to intervene in the above Writ Petition as a party Respondent. The original Petitioners are the erstwhile office bearers of the Sakhar Karkhana known as M/s. Santhnath Sahakari Sakhar

Karkhana Limited. The subject matter of the above Writ Petition are the proceedings initiated against the Petitioners for non-payment of the Provident Fund dues. The instant application is founded on the fact that the Applicant is the Chairman of the Administrative Committee which has been appointed vide order dated 16.03.2015 issued by the Regional Director (Sugar), Pune Division, Pune to look after the affairs of the said Sakhar Karkhana. The same is done in exercise of the powers conferred by Section 77-A(1), B(1) and (2). In the said order dated 16.03.2015, it has been mentioned that the Administrative Committee would report to the Regional Director (Sugar). It appears that by order dated 09.02.2016 the Administrative Committee was directed to hold a meeting between the Provident Fund Authorities and the Administrative Committee so as to explore the possibility of resolving the dispute relating to the issue of Provident Fund dues.

In my view, since the Applicant is the Chairman of the Administrative Committee which is looking after the affairs of the Sakhar Karkhana, it would be just and proper to allow the above Civil Application. The Civil Application is accordingly allowed and made absolute in terms of prayer clause (a). Amendment to be carried out within one week from date.

The Writ Petition to be placed for admission after three weeks i.e. on 20.09.2016.

[R.M.SAVANT, J]