Disposed

Wanbury Limited and Anr. v. the Regional Provident Fund Commissioner of Maharashtra and Ors.

Bombay HC13 Sept 2012WP/2078/2011

Case brief

AI extract

What is this about?

Settled Writ Petition on deposit regarding liability under the EPF Act. The High Court disposed of the petition relying on a Supreme Court order that set aside the Scheme of Arrangement, holding no liability on the petitioner based on that scheme.

What did the court decide?

Petition disposed of restricting only to the petitioners; no cost.

Wanbury Limited and Anr. Vs the Regional… — Pension and Retirement Benefits | Bombay HC (2012)

WP-2078/11

asmita

.. 1 ..

IN THE HIGH COURT OF JUDICATURE AT BOMBAY . CIVIL APPELLATE JURISDICTION

¶5

WRIT PETITION NO.2078 OF 2011

¶6

Wanbury Limited & Anr. V/s.

¶7

... Petitioners.

¶8

The Regional Provident Fund Commissioner, Maharashtra & Ors. ... Respondents.

¶9

Mr V.R.Dhond, Senior Advocate i/b M/s Desai & Diwanji for Petitioners. Mr Suresh Kumar along with Ms Sangeeta Yadav for Respondent No.1.

¶10

CORAM : ANOOP V. MOHTA, J. DATED : 13^th September, 2012.

¶11

P.C.

¶12

Heard by consent of the parties finally.

¶13

Respondent No.1 issued show cause notice dated 25^th July, 2007

¶14

to Respondent No.3 (The Pharmaceutical Products of India Ltd.) and demanded interest and damages under Sections 7Q and 14B of the Employees' Provident Funds and Miscellaneous Provision Act, 1952 ( for short “ The Act”). To the show cause Notice, the petitioner filed reply dated 12^th October, 2007 pointing out their Scheme of Arrangement and the Order passed by the Bombay High Court on 13^th February, 2006 approving the Scheme. Appeal against the same was dismissed on 16^th October, 2006. The liability confirmed by Respondent No.1 by impugned

¶15

order dated 25^th January, 2011 and related orders and forwarded the copy

¶16

asmita .. 2 .. WP-2078/11

¶17

also to the petitioner being transferee. In the present case, it is relevant to note subsequent developments without going into the merits of the matter. The Supreme Court of India by order dated 16^th May, 2008 allowed the Appeal and set aside the order approving the Scheme of Arrangement between the petitioner and respondent No.3. This means Respondent No.1 now cannot recover the levied interest and damages and /or liability based upon the Scheme, from the petitioner. In view of this, the petitioner being ex transferee, would not be liable to make the payment as demanded by Respondent No.1 basically from Respondent No.3.

¶18

Respondent No.3 original employer has already challenged those demands and show cause notice read with the Final Order passed by Respondent No.1 in separate Writ Petition No.2233 of 2011. Therefore, without observing anything and by keeping all points open, I am inclined to dispose of this petition solely on the ground of subsequent development of setting aside the Scheme by the Supreme Court of India. There is no question of imposing liability based upon the Scheme on the Petitioner.

¶19

In view of this, the present petition is disposed restricting to the petitioners by keeping all points open for all others. No cost.

¶20

( ANOOP V. MOHTA, J.)

Wanbury Limited and Anr. v. the Regional Provident Fund Commissioner of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Wanbury Limited and Anr. v. the Regional Provident Fund Commissioner of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Emmanuel Marks Chougule Vs State of Maharashtra and Ors.

Shri. Meghanath Krishna Patil Vs M/S. Relene Petrochemicals Ltd.

Shri. Gajanan Gangaram Patil Vs M/S. Relene Petrochemicals Ltd.

The President, Brihan Maharashtra Sugar Syndicate Ltd. and Ors. Vs Shri Suhas Mohanrao Mali and Ors.

Sane Guruji Aarogya Kendra Vs Sumitra Suresh Bhat and Ors.

Shri. Rajendra Kashinath Borigidde Vs Divisional Controller, Maharashtra State Road Transport Corporatin, Sangli Division and Ors.