DUNLOP INDIA LTD Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) THE petitioners in W. P. No. 325/2007 have taken out G. A. No. 1067/2009 seeking interlocutory orders. The application has come up for consideration as a new motion. In the course of hearing counsel for the parties were invited to argue the two writ petitions, if they have no objection, for their final disposal. They have agreed to do so. Hence the two writ petitions and the interlocutory application all nave been taken up for hearing together.

(2.) W. P. No. 216/2005 was filed questioning two requisitions for certificate under Section 8-C of the Employees' Provident funds and Miscellaneous Provisions Act, 1952, both issued by the authorised officer; a notice to show cause why a warrant of arrest should not be issued, issued by the recovery officer; and an order of attachment of movable property, also issued by the recovery officer. The two requisitions both dated January 17, 2005 are annexure P-8 at pp. 173-175, the notice to show cause dated January 27, 2005 is Annexure P10 at p. 190 and the order of attachment dated january 27, 2005 is Annexure P11 at p. 191. The requisitions were issued for recovery of certain dues payable for the period from March, 2000 to October, 2000. The notice to show cause was issued in connection with Certificate no. REX/716 dated April 28, 1999, and the order of attachment was issued also in connection with Certificate No. REX/716 dated april 28, 1999.

(3.) W. P. No. 325/2007 was filed questioning six prohibitory orders issued in connection with recovery of dues under certificate Nos. 213/99-00, 127/05-06 and 128/05-06. The prohibitory orders dated March 6, 2007 are Annexure P19 at pp. 292-297. In w. P. No. 325/2007 the petitioners have prayed for a mandamus quashing the prohibitory orders and directing the respondents to grant them 36 instalments to pay the "provident fund dues under the certificates without any interest and without any other condition.