LAWS(GJH)-2012-6-28

PROVIDENT FUND COMMISSIONER Vs. RAMDHARI MOPHANPRASAD

Decided On June 21, 2012
PROVIDENT FUND COMMISSIONER Appellant
V/S
RAMDHARI MOPHANPRASAD Respondents

JUDGEMENT

(1.) THE petitioner- P.F. Commissioner, Rajkot had to file this petition challenging the order dated 25.7.2003 passed in Central Recovery Application No. 1 of 2002, whereunder, the Labour Court passed an order and direction against the PF Commissioner- petitioner, which was not maintainable at all in eye of law.

(2.) THIS Court (Coram: Jayant Patel,J.) on 12.1.2004 passed the following order:

(3.) THE order qua issuance of direction to the PF Commissioner per-se untenable, contrary to provisions of law and required to be quashed and set aside without any further elaborate discussion on merits. However, quashing of the order would not be adversely affect the workman as he has already received the amount which was deposited with the authority. The amount if any yet outstanding with the authority, the workman would be at liberty to have appropriate proceedings for recovering the same.