It was further ordered companycerning Prayer B that an injunction shall issue restraining the respondents from initiating any crimi nal proceedings against the appellants or any of them for number payment or delayed payment of the provident fund.
Between 7.3.1985 and 3.8.1985 there was a lock out due to labour unrest.
1986, a petition was moved on behalf of the appellants under Section 633 of the Compa nies Act, 1956 hereinafter referred to as the Act for being relieved of liability for delayed as well as number payment of the provident fund dues and other ancillary dues.
286 of 1987.
In Special Leave Petition No.
On the companytrary, in respect of offences companymitted under the Provident Fund Act the appropriate authority to initiate such action would be the Regional Provident Fund Commission er.
1986 a companysent order was passed by the learned Single Judge allowing the outstanding provident fund dues to be paid in monthly instalments of Rs.
Thereafter the mill resumed its manufacturing operation between 16.1.1984 and 8.4.1984.
From the Judgment and Order dated 13.3.1900 of the Calcutta High Court in Appeal No.
8081 of 1990 also the Company Petition for similar relief has been dismissed.
On 21.8.
266 of 1987 WITH Civil Appeal Nos.
The Division Bench which heard the matter rendered its impugned judgment on 13.3.
However, on 24.11.
50,000 companymencing from April, 1986, until the entire liability is paid off.
There was a strike in the Jute Industry throughout West Bengal.
1983, the lock out was lifted.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The short facts are as follows Eastern Manufacturing Company Ltd. The Company in short is the owner of a jute mill in West Bengal.
On 28.1.
1983, Government of West Bengal declared the said jute mill as a relief undertaking under the provisions of West Bengal Relief Undertaking Special Provisions Act, 1972.
3117.3118, and 3738 of 1990 and SLP No.
Since this companyrse was accepted by the provident fund authorities it was number companysidered necessary to serve summons on the Registrar of Companies because what was sought to be recovered were the dues under the Provident Fund Act.
Aggrieved by this order, the first respondent before us, namely, the Regional Provident Fund Commissioner filed appeal No.
There was a lock out inthe Jute Mill on 2.6.1982.
As a result of all these the companypany defaulted in the payment of the provident fund dues.
3012 of 1990.
8081 of 1990.
By a numberification dated 26.10.
Dr. Shankar Ghosh, Kapil Sibal, Ajay Jain, Pramod Dayal, Vivek Gambhir, Surinder Kamail and K. Gambhir for the Appellants.
K. Venugopal.
Aruneshwar Gupta and Ms. Sushma Suri for the Respondents.
The appellants were appointed Directors between 10.4.1981 and 15.6.1984.
