G.B. Of Kamala Neheru Womens College v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.193 of 2016 Governing Body of Kamala Neheru Women's College, Bhubaneswar ....

Appellant Mr. Jayant Kumar Rath, Senior Advocate -versusState of Orissa and others ....

Respondents Mr. M.K Khuntia, AGA for State Mr. S.K. Pattnaik, Senior Advocate Mr. Sishir Sundar Mohanty, Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH

ORDER

13.10.2022 Order No.

11.

1. Mr. Jayant Kumar Rath, learned Senior Advocate appearing for the Appellant seeks leave to withdraw the present writ appeal with liberty to prefer the statutory remedy of an appeal as provided under Section 7(i) of the Employees' Provident Fund and Miscellaneous Provisions Act.

2. If such appeal is preferred not later than 12th December, 2022 accompanied by an application for condonation of delay, explaining the delay on account of pendency of both the writ petition as well as the writ appeal, then it will be considered in accordance with law by the Appellate Authority. The Court clarifies that it has not

expressed any view on merits. The Appellate Authority will then endeavour to dispose of such appeal within a period of four months thereafter.

3. The present writ appeal is disposed of as withdrawn in the above terms with liberty as prayed for.

(Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge S. Behera