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Bombay High CourtWP/8076/2013disposed offdismissed for default

The Maharashtra State Co-Operative Bank Ltd. v. The Assistant Provedent Fund Commissioner, Epfo, Aurangabad And Others

2016-06-09Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K. K. Sonawane2 pages

1 WP-8076.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8076 OF 2013 The Maharashtra State Co-operative Bank Ltd. through its Authorized Officer ...PETITIONER versus The Assistant Provident Fund Commissioner employees Provident Fund Organization Sub-Regional Office, Aurangabad & ors.

...RESPONDENTS .....

Mr. P.S. Dighe, Advocate holding for Mr. V.R. Dhorde, Advocate for petitioner Mr. K.B. Chaudhary, Advocate for respondent No.1 .....

CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 9th JUNE, 2016.

Order :-

1. We have heard Mr. Dhorde, learned counsel for petitioner and Mr. Chaudhary, Advocate for respondent No. 1. 2.

Grievance is about recovery of PF dues for a period January1980 to May-1995. Mr. Chauhdary, learned counsel for respondent No. 1 has placed on record statement which states that while reviewing the file by competent authority, it was noticed that records were not verified properly, therefore, enquiry under section 7B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 ( for short "Act of 1952" was initiated, prohibitory order issued under section 8F of Act of 1952, was kept in abeyance and petitioner was informed

2 WP-8076.13 accordingly. Said statement further states that enquiry under section 7B of the Act of 1952 is still in progress against the Liquidator and Bhaurao Chavan Sahakari Sakhar Karkhana.

3.

In light of the fact that enquiry under section 7B of the Act of 1952 has been initiated, subsequently on the ground that records were not properly verified earlier and that prohibitory order issued under section 8F of Act of 1952, is kept in abeyance, we do not feel it necessary to decide present writ petition on merits. 4.

Writ petition, as such, stands disposed of with liberty to the petitioner to file fresh petition if need so arises on determination of enquiry under section 7B of the Act of 1952, initiated by respondent No. 1.

Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK