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Judgment
Justice B.P. Ray
Heard the learned counsel for the petitioners and the learned counsel for the respondents, Shri. Thomas Mathew Nellimoottil. Petitioners in the aforesaid petitions are the management of National Textile Corporation. The petitioners have filed this petitions challenging the order directing them to pay provident fund dues of erstwhile owner which pertains to pre-take over the pre nationalization period i.e., prior to 1-4-1974. When the matter was taken up for consideration on 22-02-2012, I had passed the following order:
The learned counsel for the respondent shall file an affidavit indicating as to whether the employees in respect of whom the demand has been made were in service at the time of taking over of the management. Affidavit shall be filed within two weeks.
This Court as well as apex Court held that petitioners are not liable to pay any dues of the erstwhile owners prior to 1-4-1974. Following the aforesaid decision, I set aside the impugned orders. It is made clear that in relation to the employees those who are continuing in the service after 1-4-1974, the management should pay it''s contribution towards provident fund. The entire exercise shall be completed within six months from the date of receipt of a copy of this judgment.
The original petitions and the writ petition are disposed of as above.