Regional Provident Fund Commissioner v. Asit Kumar Ghosh And ORS

22.07.2024 Court No.13 Item No.11 AP MAT 865 of 2023 With CAN 1 of 2023 With CAN 2 of 2023 Regional Provident Fund Commissioner Vs.

Asit Kumar Ghosh and Ors.

Mr. Anil Kumar Gupta ... For the Appellant.

Mr. Indranath Mitra ... For the Respondent No.1.

Mr. Arnab Ray ... For the Respondent Nos.5 & 6.

In Re.: CAN 1 of 2023 1.

The application being CAN 1 of 2023 has been filed seeking condonation of delay.

2.

For the reasons stated in the application, the same is allowed. Delay in filing of the application is condoned.

3.

Accordingly, CAN 1 of 2023 is allowed.

In Re.: MAT 865 of 2023 With CAN 2 of 2023 4.

Supplementary affidavit filed by the appellant is taken on record.

5.

Learned advocate for the Regional Provident Fund Commissioner submits that the appeal has become infructuous since fresh PPO has been issued

to the writ petitioner, consequent upon the decision of the Supreme Court dated 4th November, 2022 in SLP No.8658-8659 of 2019.

6.

Instruction of the EPFO at Park Street dated 18th July, 2024 is kept with the record.

7.

Hence, MAT 865 of 2023 shall stand dismissed as infructuous.

8.

Interim orders, if any, shall stand vacated.

9.

In view of the dismissal of the MAT 865 of 2023, connected application being CAN 2 of 2023 shall also stand disposed of.

10.

There shall be no order as to costs.

11.

All parties are to act on a server copy of this order duly downloaded from the official website of this court.

(Rajasekhar Mantha, J.) (Subhendu Samanta, J.)