Mission Middle School Through Mrs. Bhavana Arthur v. Employees Provident Fund Organization Through - Regional P.F
Case at a glance
- Bench
- NARENDRA KUMAR VYAS
Provisions considered
- Constitution of India art. 227
Key paragraphs
- Para 44. With this observation and direction the present writ petition is disposed of. Sd/- (Narendra Kumar Vyas) Judge Manish
Judgment
Mission Middle School Through Mrs. Bhavana Arthur, W/o Mr. Atul Arthur, Aged About 48 Years, In-Charge Principal, Mission Higher Secondary School Gourella, District : Gaurela-Pendra-Marwahi, Chhattisgarh Versus ---- Petitioner
1. Employees Provident Fund Organization Through - Regional P.F. Commissioner -Ii, Bilaspur, Ground Floor, Bsnl Office Coplex, Near Agrasen Chowk, Bilapur Chhattisgarh.
2. Enforcement Officer, O/f Assistant Provident Fund Commissioner, Employees Provident Fund Organization, District Office, Ground Floor, Bsnl Office Complex, Near Agrasen Chowk, Bilaspur Chhattisgarh.
3. The State Bank Of India, Through Its Branch Manager, State Bank Of India, Near Rest House Pendra Road (Gaurela), Chhattisgarh. ---- Respondents For Petitioner : Mr. Neeraj Choubey, Advocate For Respondent No. 1 & 2 : Mr. Ajay Dwivedi, Advocate For Respondent No. 3 : Mr. P.R. Patankar, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board
07.12.2023
The petitioner has filed the present writ petition under Article 227 of the Constitution of India challenging the order dated
23.06.2023 (Annexure - P/1) passed by the respondent authority under Section 7B of EPF & MP Act, 1952 whereby the application of the petitioner for reviewing the order has been rejected.
The writ petition was filed on 03.10.2023. At that time the Tribunal was not functioning. Now the Presiding Officer Central Government Industrial Tribunal-cum-Labour Court, Jabalpur has been constituted under Section 7(B) of the EPF & MP Act,
1952. This Central Government Industrial Tribunal is functioning therefore the writ petition is not maintainable, accordingly, it is directed that if the petitioner files an appeal against the order dated 23.06.2023 within 45 days from the date of receipt of copy of this order, neither the Tribunal nor the respondent will take a plea of limitation and The Tribunal will decide the appeal on its own merits .
This Court has granted interim protection to the petitioner on
18.10.2023 that shall be continued till the appeal is come for admission and the learned Tribunal considers the prayer of the petitioner establishment for grant of interim relief.
With this observation and direction the present writ petition is disposed of. Sd/- (Narendra Kumar Vyas) Judge Manish
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.