The Commissioner Provident Fund, Nasik And Another v. Etho Polymers And Chemicals P Ltd, Jalgaon

902.CA.5852.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5863 OF 2015 IN WRIT PETITION NO. 2695 OF 2006 WITH CIVIL APPLICATION NO. 5852 OF 2015 IN WRIT PETITION NO. 3075 OF 2008 Assistant Provident Fund Commissioner, Nashik ..APPLICANT

VERSUS

ETHO Polymers and Chemicals P. Ltd, Jalgaon and Another ..RESPONDENTS ....

Mr. K.B. Chaudhary, Advocate for applicant.

Mr. A.P. Bhandari, Advocate for Respondent No.1. Mr. V.S. Badakh, AGP for Respondent No.2.

....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 23rd FEBRUARY, 2016 ORAL ORDER :

1.

In both these applications, the applicant-P.F. Department prays for vacating the interim relief granted to the non-applicantpetitioner. In the alternative, it is prayed that the writ petitions be heard finally.

S.S.DESHPANDE 1 / 2

902.CA.5852.15.doc 2.

Mr. Bhandari, learned Counsel for Respondent No.1 has vehemently opposed the prayer for vacating the interim relief on the ground that this Court has granted the said relief to the petitioner after hearing both the sides almost 8 to 10 years ago in both these matters. He however has no objection if the matters are heard finally.

3.

In the light of the above, both these applications are partly allowed.

4.

Since an identical issue has been raised in both these petitions by the same petitioner-management, list Writ Petition No. 2695/2006 with 3075/2008 for final hearing on 10.03.2016. ( RAVINDRA V. GHUGE, J.) S.S.DESHPANDE 2 / 2