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RT.REV.DR.JOSPEPH G.FERNANDEZ versus UNION OF INDIA

High Court of Kerala

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RT.REV.DR.JOSPEPH G.FERNANDEZ v. UNION OF INDIA - OP No. 28625 of 1999(G) [2007] RD-KL 10795 (20 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 28625 of 1999(G)

1. RT.REV.DR.JOSPEPH G.FERNANDEZ
... Petitioner

Vs

1. UNION OF INDIA
... Respondent

For Petitioner :SRI.K.KARTHIKEYA PANICKER

For Respondent :SRI.JAGDEESH LAKSHMAN, ADDL.CGSC

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :20/06/2007

O R D E R

KURIAN JOSEPH J. O.P. NO.28625 OF 1999 Dated 20th June, 2007.

J U D G M E N T

In the matter of coverage of establishment, the duty cast on the Enforcement Officer is to conduct appropriate enquiry and make a report to the Commissioner, and it is for the Commissioner to pass orders. In the instant case, it is seen that the Enforcement Officer himself has passed orders declaring that the establishment run by the petitioner is covered under the provisions of the Employees Provident Fund Act, as per Ext.P16. Since the Officer admittedly is not competent to pass the impugned order under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, Ext.P16 is quashed, without prejudice to the liberty to the competent authority to pass appropriate orders in accordance with law, with notice to the petitioner. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs OP NO. 2

KURIAN JOSEPH, J.

O.P. NO.28625 OF 1999 (G)

J U D G M E N T

Dated 20th June, 2007.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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