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M/S. HOTEL SAPPHIRE v. REGIONAL PROVIDENT FUND COMMISSIONER - WA No. 2095 of 2006  RD-KL 583 (9 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWA No. 2095 of 2006()
1. M/S. HOTEL SAPPHIRE,
1. REGIONAL PROVIDENT FUND COMMISSIONER
2. THE RECOVERY OFFICER,
3. THE UNION OF INDIA, REPRESENTED BY THE
4. EMPLOYEES PROVIDENT FUND APPELLATE
For Petitioner :SRI.B.S.KRISHNAN (SR.)
For Respondent :SRI.N.N. SUGUNAPALAN, SC, P.F.
The Hon'ble the Chief Justice MR.V.K.BALI The Hon'ble MR. Justice M.RAMACHANDRAN
O R D E R
(V.K.BALI, C.J. & M.RAMACHANDRAN, J)W.A.No.2095 of 2006
Dated this the 9th day of January, 2007
Ramachandran, J:We had opportunity to hear Mr.K.Anand, appearing on behalf of the appellant, and Sri.N.N.Sugunapalan, senior counsel on instructions representing the respondents. We do not think interference is warranted, especially on the facts of the case.
2. Contributions towards Provident Fund have been demanded for the period from 30-11-1975 up to 30-06-1981. Two establishments were clubbed together for the purpose of coverage, the Department contending that deceased T.V.Moosa was the Managing Partner of one hotel and he was the sole proprietor of the sister concern. The appeal filed had been rejected, as filed out of time.
3. At this distance of time, it may not be justifiable on our part to hold that the order as above requires to be reconsidered, since it will be difficult for any party to lay hands on relevant documents in support of the rival contentions. The learned single Judge also had refused to interfere with the orders, in his discretion. [WA No.2095 of 2006] -2-
4. However, our decision as above is with a rider. The counsel is on firm grounds that the clubbing order was on scanty materials. We hold that the findings as above are upheld only because of the antiquity of the claims. For any period after June, 1981 the assessee will be entitled to contend that clubbing arrangement might not have been permissible and the only reason that such arrangement had been upheld will not adversely affect any of their contentions to the contrary. Fresh materials could be relied on by the parties. With this observation, the writ appeal is dismissed. Sd/- V.K.BALI (CHIEF JUSTICE) Sd/- M.RAMACHANDRAN
(JUDGE)mks/ - True Copy - P.S.to Judge
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