Dismissed

Bhaichand Hirachand Raisone Sahakari Multi State Co-Op Credit Soc. v. Union of India and Ors.

Bombay HC23 Jan 2012WP/2958/2011

Case brief

AI extract

What is this about?

On behalf of a cooperative credit society, the court addressed the delay in deciding a proposal for exemption under Section 17(1-A) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. The court directed the competent authority to decide the matter within four months if a fresh proposal is submitted within four weeks, thereby dismissing the writ petition.

What did the court decide?

Directed the competent authority to decide the proposal under Section 17(1-A) of the EPF Act within four months if submitted within four weeks.

Bhaichand Hirachand Raisone Sahakari Multi… — Labour and Industrial Disputes | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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WRIT PETITION NO.2958 OF 2011

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Bhaichand Hirachand Raisoni Sahakari
Multi State Co-operative Credit Society
Ltd., Jalgaon,

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Through its General Manager,
Poonam Chambers, Bank Street,
Navi Peth, Jalgaon,
Tq. & Dist-Jalgaon.

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...PETITIONER.

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 VERSUS

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1) Union of India,

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Through the Secretary

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of Labour Department, Delhi,

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2) The Secretary

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To the Govt. of India, Ministry of Labour, New Delhi,

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3) The Regional Provident Fund Commissioner, Nashik,

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4) Assistant Provident Fund Commissioner, Sub-Regional Office, Bhavishyanidhi Bhavan, Plot No.P-11, MIDC, Satpur, Nashik- 422 007.

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...RESPONDENTS.

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...

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 Shri. A.S. Bajaj Advocate for Petitioner.
 Shri. Nitin Choudhari, Standing Counsel for
 Respondent Nos. 1 and 2.
 Shri. K.B. Choudhari, A.G.P. for Respondent
 Nos. 3 and 4.

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...

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CORAM: NARESH H. PATIL AND
 T.V. NALAWADE, JJ.

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 DATE : 23RD JANUARY, 2012

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PER COURT :

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1.Heard learned counsel appearing for the

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respective parties.

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2.Shri. Bajaj, learned counsel for the

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Petitioner submits that proposal dated 6th May,
2006 addressed to the Secretary, Government of

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India, Ministry of Labour, New Delhi, in respect

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of seeking exemption from operation of the

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Employees Provident Funds and Miscellaneous
Provisions Act, 1952 as provided in Section 17

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(1-A) of the Act, is already forwarded. The said
proposal, according to the counsel, is not decided
so far.

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3.Shri. Nitin Choudhari, learned counsel

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appearing for Respondents submits that, in the
facts of the case, if the Petitioner files fresh
proposal / application addressed to the competent
authority, the same would be dealt with on its own
merits and in accordance with law.

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4.We therefore, direct that in case the

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Petitioner forwards proposal under Section 17(1-A)
of Employees Provident Funds and Miscellaneous
Provisions Act, 1952, within FOUR WEEKS from
today, the concerned competent authority shall
decide the same within FOUR MONTHS from the date

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of its receipt, on its own merits and in
accordance with law. With these observations, the
Writ Petition is disposed of.

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5.Authenticated copy of this order be

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provided to Shri. Nitin Choudhari, learned counsel
appearing for the Respondents, for forwarding the
same to the concerned competent authority.

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[T.V. NALAWADE, J.] [NARESH H. PATIL, J.]

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asb/JAN12

Bhaichand Hirachand Raisone Sahakari Multi State Co-Op Credit Soc. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Bhaichand Hirachand Raisone Sahakari Multi State Co-Op Credit Soc. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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