REGIONAL PROVIDENT FUND COMMISSIONER Vs. ROHTAS INDUSTRIES LTD

JUDGEMENT

(1.) AN order dated November 24, 1995 was passed by the Company Judge winding up rohtas Industries Limited. It is under liquidation and the official liquidator has been appointed as a liquidator. Few of the employees have been retained to assist the official liquidator in discharge of his duties. The Regional Provident Fund commissioner gave notice to the official iquidator to make deductions of the workers snare from their salary, contribute his share and deposit the same with the Regional Provident fund Commissioner under the provisions of the employees' Provident Funds and miscellaneous Provisions Act. The official liquidator brought the aforesaid fact to the notice of the Company Judge. It held that the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act shall not be applicable and the Official Liquidator is not liable to make contribution under the said Act.

(2.) AGGRIEVED by the aforesaid order dated december 23, 1998, passed by the Company judge in Company Petition No. 3/1984, the regional Provident Fund Commissioner has preferred this appeal under Clause 10 of the letters Patent.

(3.) HOWEVER, when the matter is taken up, mr. R. S. Pradhan, appearing on behalf of the appellant prays for converting this appeal into an appeal under Section 483 of the Companies act.