M/S Noel Pharma (India) Pvt. Ltd., v. The Assistant Provident Fund Commissioner Employees

HON'BLE SRI JUSTICE RAJA ELANGO Writ Petition No.42461 of 2016 O R D E R :

The short point raised by the petitioner herein in the present writ petition is that even though the petitioner is having right of appeal, which comes to an end only on 16-12-2016, the 1st respondent herein passed the prohibitory order on 15-11-2016.

The Court perused the record and heard the arguments. There is no dispute regarding the fact that the petitioner is having right of appeal within 60 days from the date of order passed. In the present case, the last date for preferring the appeal is 16-12-2016. Hence, the order of the 1st respondent in TS/HYD/61398/P.D Cell-II/T-1/2016/1306, dated 15-112016 is set aside and the 1st respondent is at liberty to pass appropriate orders, if the petitioner fails to prefer any appeal in accordance with the provisions of the Act.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Consequently, Miscellaneous Petitions pending, if any, in the Writ Petition shall stand closed.

______________________ JUSTICE RAJA ELANGO 07th December, 2016 skmr