Relief Lab Pvt. Ltd., Thr. Director Sameer S/O Sukhdeo Sangtani Thr. Director Sameer S/O Sukhdeo S v. Assistant Provident Fund Commissioner Employees Provident Fund Organisation Nagpur
16-WP-2685-16 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.2685 OF 2016 Relief Lab Pvt. Ltd. Kalmeshwar, Nagpur, Thr. Its Director Samer S. Sangtani -vsAssistant Provident Fund Commissioner, Raghuji Nagpur, Nagpur ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
Shri A. J. Pathak, Advocate for petitioner.
Shri H. N. Verma, Assistant Government Pleader for respondent.
CORAM : A.S.CHANDURKAR, J.
DATE : June 24, 2019 Heard the learned counsel in view of the notice for final disposal of the writ petition.
The petitioner has challenged the order dated 07/04/2016 passed under Section 7B of the Employees Provident Fund And Miscellaneous Provisions Act, 1952 (for short, the said Act). By that order the Assistant Provident Fund Commissioner has refused to review the order passed under Section 7A of the said Act dated 16/03/2016.
2.
Shri H. N. Verma, learned counsel for the respondent submitted that a remedy under Section 7I of the said Act is available for being availed by the
16-WP-2685-16 2/2 petitioner. He submits that such liberty could be granted to the petitioner since various disputed questions arise for adjudication in the writ petition.
3.
Shri A. J. Pathak, learned counsel for the petitioner submits that as the learned Member of the Tribunal was not available at the relevant time, the present writ petition came to be filed. He seeks liberty to file an appeal before the Tribunal within period of four weeks from today.
4.
The Writ Petition is accordingly disposed of by granting liberty to the petitioner to avail the statutory remedy under Section 7I of the said Act within period of four weeks from today. If such appeal is filed within said period of four weeks, same shall be entertained without going into the question of delay. All points raised in the petition are kept open.
No costs.
JUDGE Asmita