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WINNY ABRAHAM versus ASST.P.F.COMMISSIONER

High Court of Kerala

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WINNY ABRAHAM v. ASST.P.F.COMMISSIONER - OP No. 12851 of 2001(E) [2007] RD-KL 11670 (29 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 12851 of 2001(E)

1. WINNY ABRAHAM
... Petitioner

Vs

1. ASST.P.F.COMMISSIONER
... Respondent

For Petitioner :SRI.K.JAJU BABU

For Respondent :SRI.N.N. SUGUNAPALAN, SC, P.F.

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :29/06/2007

O R D E R

KURIAN JOSEPH , J


==================================
O.P. Nos. 12851 & 13362 OF 2001
==================================

Dated this the 29th day of June, 2007.



JUDGMENT

The petitioners are aggrieved by the proceedings initiated under the provisions of the E.P.F. and M.P Act, 1952 and under the E.S.I Act respectively. One of the main contentions taken by the petitioners is that they were not given any opportunity to substantiate their case before the original authority. It is submitted that they were not involved in the management and they were only mediators. It is hence prayed that a chance may be given to afford an opportunity to present their case before the original authority. The learned counsel for the respondent, however, submits that the petitioners can seek the alternate remedy under the respective statutes. However, taking note of the factual background of the case and the submissions that they did not get sufficient opportunity before the original authority, it is only appropriate that a chance is given to the petitioners to substantiate their case. Accordingly, the impugned orders are quashed. There will be a direction to the 1st respondent in both cases to issue fresh notice to the petitioners, afford sufficient opportunity and pass appropriate orders.

KURIAN JOSEPH, JUDGE.

rv


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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