Chhattisgarh High Court

WP/406/2005 of B.B.PANDEY and ORS. Vs BHARAT SANCHAR NIGAM LTD.and ORS. on 23 December 2005

JUDICATURE CHHATTISGARH : BILASPUR Single Bench : Hon'bte Shri S.R. Nayak, CJ Petitioners £^- i&s^<^^la Writ Petition No. 406 OF 2005 1 B.B. Pandey, S/o Shri S.S. Pandey, aged about 42 years, Occupation - business, R/o 12/7, Priyadarshini Parisar, Supela, Bhilai, District Durg

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4. ExecutiveEngineer(C),Bharat SancharNigam Ltd., Civil Division, Sheetal Complex,G.E. Road, Telibandha, Raipur (C.G.)

5. Sub-Divl.Engineer(C),BharatSancharNigam Ltd., Civit Division, Telecom StaffQuarter Comptex, Sector - 5, Bhilai, DistrictDurg (CG)

6. UnionofIndiS,ThroughtheRegionalProvidentFundCommissioner,SubRegionai Office, Nav Bharat Press Building,•Rajbandha Maidan, G.E. Road, Raipur (CG)

Present:Smt. Fouzia Mirz^^.learned counsel for the petitionere.Shri R.M. Solapurkar, leamed counsel for the respondentsNo. 1 to 5.

ORAL ORDER23rd of December 2005)

(Passed on

Learned counsel appearing for both the sides would submit thatthe issue that arises for decision-making in this writ petition is squarelycovered by the judgment of this Court dated 10-11-2005 passed in W.P.No. 2785 of 2005.

tn view of the above joint submission made by the leamed counselfor the parties, 1 allow this writ petition and quash Clause II of NIT makingcompulsoryregistrationunder theEmployeesProvident FundsandMiscellaneous Provisions Act, 1952 even if the contractor is not having20 or more persons in his establishment.There shall be no order as to——-costs.—..--__

Sd/-Chief Justice

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