MALABAR CEMENT LTD. Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) HEARD the learned senior counsel for the appellant and the learned counsel appearing for the second respondent Bank as well as the learned senior standing counsel for the Employees Provident Fund Organisation. The very foundation of the case against M/s.Malabar Cements Limited from the proceedings in hand is built on an order, which was the subject matter of writ appeal No.907 of 2013, which we have ordered today clarifying that M/s.Malabar Cements Limited cannot be made liable, and that the extent of liability as determined by the learned single Judge in that case will lie on the labour society. Under such circumstances, this writ appeal is entitled to succeed.

(2.) HENCE , the impugned judgment is vacated and the proceedings impugned before the learned single Judge in WP(C) No.15272 of 2007 are allowed. This writ appeal is ordered accordingly.