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september 2016

Supreme Court of India · 2016-09-26

THE CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI vs LALA J.R. EDUCATION SOCIETY .

Citation / case number
SC 2016/26576
Court
Supreme Court of India
Petitioner
THE CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI
Respondent
LALA J.R. EDUCATION SOCIETY .
Author
KURIAN
Bench
ROHINTON FALI NARIMAN KURIAN JOSEPH

Judgment text excerpt

The Supreme Court upheld the rejection of the application under Order VII, Rule 11 CPC, stating that the respondents, having exhausted remedies under the Employees Provident Funds and Miscellaneous Provisions Act, 1952, cannot approach the Civil Court as per Section 7L(4) of the Act. The Court clarified that a plaint can only be assessed based on its own pleadings without considering the written statement. The appeal was dismissed, but the appellants were allowed to raise a preliminary issue regarding the maintainability of the suit before the trial court.

THE CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI vs LALA J.R. EDUCATION SOCIETY . · Niyam