Wipro Limited v. The Regionanl Provident Fund Commissioner & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 27/2017 WIPRO LIMITED ..... Appellant Through:

Ms.Jyoti Singh, Sr.Adv.

with Mr.Ananya Kumar and Ms.Priyanka Vora, Advs.

versus THE REGIONANL PROVIDENT FUND COMMISSIONER & ANR ..... Respondent Through:

Mr.R.C. Chawla, Adv.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 18.01.2017 1.

This appeal is directed against the order of the learned Single Judge dated 21.12.2016 in W.P.(C) No.11684/2016.

2.

The unsuccessful petitioner is the appellant before us. 3.

The writ petition was filed aggrieved by the proceedings initiated under Section 7-A of the Employees Provident Fund and Miscellaneous Provision Act, 1952 and seeking the proceedings to be kept in abeyance on the ground that an appeal involving the same issue is pending before the Supreme Court. The learned Single Judge declined to grant such a relief and accordingly dismissed the writ petition. Hence the present appeal. 4.

Having heard Ms.Jyoti Singh, the learned Senior Counsel appearing for the appellant /writ petitioner and having perused the material available on record, we do not find any justifiable reason to interfere with the order under appeal. As rightly held by the learned Single Judge, the pendency of a matter involving the same issue before the Supreme Court is not a valid

ground to restrain the competent authority from enforcing the statutory provisions.

5.

The appeal is accordingly dismissed.

CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J JANUARY 18, 2017/pmc