WPMS/1692/2010 of KICHHA SUGAR COMPANY Vs EMPLOYEES PROVIDENT FUND ORGANIZATION and ANR on 31 December 2010

Conclusion

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) No. 1692 of 2010

Kichha Sugar Company.

… Petitioner.

Versus

Employees Provident Fund Organization and another … Respondents.

Ms. T.A.Khan, Advocate, learned counsel for the petitioner.

Mr. D.S.Patni, Advocate, learned counsel for the respondents.

Date December 31, 2010.

Hon’ble B.S.Verma, J.

(Time Extension Application No. 1080 of 2010)

Heard learned counsel for the parties and perused the record.

By means of this application (No. 1080 of 2010), the petitioner has prayed that the date 7-10-2010 as had been fixed by this Court in the order dated 28-9-2010 may be extended to any future date.

This Court while allowing the writ petition by order dated 28-9-2010 inter alia directed the petitioner to appear before the respondent no.2-Regional Provident Fund Commissioner, Haldwani on 7-10-2010 and the respondent no. 2 was directed to pass a fresh order on the review application of the petitioner after hearing the petitioner and considering the proviso appended to clause (K) of Standing Order, as mentioned in the order.

A perusal of the record reveals that the review application was filed by the petitioner against an order dated 1-2-2010 passed by the respondent no.2 under Section 14B of the Act. Undisputedly, an alternate statutory remedy of filing appeal under Section 7I of the Act is available to the petitioner. Section 7I of the Act reads as under:- “7I. Appeals to Tribunal.- (1) Any person aggrieved by a notification issued by the Central Government, or an order passed by the Central Government or any authority, under the proviso to sub-section (3), or sub-section (4) of section 1, or section 3, or sub-section(1) of section 7A, or section 7B [except an order rejecting an application for review referred to in sub-section (5) thereof], or section 7C, or section 14B, may prefer an appeal to a Tribunal against such notification or order.

(2) Every appeal under sub-section (1) shall be filed in such form and manner, within such time and be accompanied by such fees, as may be prescribed.”

In view of the provision of Section 7I of the Act, the petitioner is given liberty to file appeal before the Tribunal concerned within a period of 30 days from today. No recovery -shall be made from the petitioner on the basis of the order dated 12-2010 passed by the respondent no.2 for the aforesaid period of 30 days. Accordingly, the earlier order dated 28-9-2010 is modified.

It is further directed that if the appeal is so preferred by the petitioner, the appeal shall be finally decided expeditiously by the Tribunal concerned.

Time extension application No. 1080 of 2010 stands disposed of accordingly.

RCP

(B.S.Verma, J.)