M/S Nagar Parishad, Jamalpur, District- Munger v. Employees Provident Fund Organization
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10245 of 2022 ====================================================== M/s Nagar Parishad, Jamalpur, District- Munger through its Executive Officer, namely Ms Pooja Mala, Aged about- 30 years, Gender- Female, Daughter of Late Brij Kishore Kumar, Resident of Dumariyan, Torari, Police StationTorari, District- Bhojpur. ... ... Petitioner/s
Versus
1.
Employees Provident Fund Organization through the Additional Central Provident Fund Commission, Zonal ACC Office, Road No. 06, R Block, Serpantine Road, Patna- 800001.
2.
The Additional Central Provident Fund Commission, Zonal ACC Office, Road No. 06, R Block, Serpantine Road, Patna- 800001. 3.
The Regional Provident Fund Commissioner, Regional Office, Adampur Chowk, Bhagalpur.
4.
The Assistant Provident Fund Commissioner, Regional Office, Adampur Chowk, Bhagalpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Sinha, Advocate For the Respondent/s :
Mr. Prashant Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 23-11-2022 Heard learned counsels for respective parties. In the instant petition, petitioner has approached this Court without exhausting remedy of appeal before the Appellate Tribunal.
In the light of State of Jammu and Kashmir Vs. R.K. Zalpuri and others reported in AIR 2016 Supreme Court 3006 the present petition is not maintainable as the petitioner has not exhausted the remedy of appeal. Paragraph 20 reads as under:-
Patna High Court CWJC No.10245 of 2022(2) dt.23-11-2022 2/2 "20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation v. Dosu Aardeshir Bhiwandiwala and Others, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus:- "The Court while exercising its jurisdiction under Article 226 is duty-bound to consider whether:
(a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved;
(b) the petition reveals all material facts;
(c) the petitioner has any alternative or effective remedy for the resolution of the dispute; (d) person invoking the jurisdiction is guilty of unexplained delay and laches;
(e) ex facie barred by any laws of limitation;
(f) grant of relief is against public policy or barred by any valid law; and host of other factors."
Accordingly, the present petition stands disposed off reserving liberty to the petitioner to invoke appropriate statutory remedy available under the Employees' Provident Funds & Miscellaneous Provision Act, 1952. (P. B. Bajanthri, J) Vikash/- U