Nashik District Central Cooperative Bank Ltd v. The Regional Provident Fund Commissioner I

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2022.11.21 18:08:18 +0530 Trupti 1 7-wp-9279-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9279 OF 2022 Nashik District Central Co-operative Bank Ltd.

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Petitioner

Versus

The Regional Provident Fund, Commissioner-I, Nashik & Anr.

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Respondents WITH INTERIM APPLICATION NO. 19654 OF 2022 IN WRIT PETITION NO. 9279 OF 2022 Nashik District Central Co-operative Bank Ltd.

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Applicant

Versus

The Regional Provident Fund, Commissioner -I, Nashik & Anr.

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Respondents ......

Mr. S.S.Patwardhan with Ms.Mrinal Shelar for the Petitioner. Mr.Shamiana i/b. Mr. Rakesh Samant for Respondent No.1. Mr. P. M. Palshikar with Mr. P. Khosla for Respondent No.2-UOI. ......

CORAM :

NITIN JAMDAR AND SHARMILA U. DESHMUKH, JJ.

DATE :

17 NOVEMBER 2022 P.C. :

Heard the learned Counsel for the parties.

2.

The Petitioner has challenged the order dated 5 March 2022 passed by the Regional Provident Fund Commissioner-I, Nashik

Trupti 2 7-wp-9279-2022.doc under section 7-A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Since there is a remedy of approaching the Employees' Provident Fund Appellate Tribunal, the Respondents had taken objection regarding the same. 3.

It was the grievance of the Petitioner that the Appellate Tribunal is not functional and does not have any judicial members. The learned Counsel for Respondent No.2- Union of India states that the judicial members have been appointed and the Appellate Tribunal, Mumbai is now functional. Statement made, on instructions, is accepted.

4.

In light thereof, since the Petitioner has a remedy to approach the Appellate Tribunal in respect of such reliefs as are permissible to be made before the Appellate Tribunal including the challenge to the impugned order, the writ petition is disposed of. (SHARMILA U. DESHMUKH, J.) (NITIN JAMDAR, J.)