Central Government Industrial Tribunal

EPF matters order dated 06.04.2026 CGIT-2 Delhi. appeal no. D-2/23/2025 Enkay Foam Pvt. Ltd vs RPFC Meerut on 6 April 2026

**BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

CUM LABOUR COURT, DELHI**

**Appeal no. D-2/23/2025**

**M/s. Enkay Foam Pvt. Ltd.**

....Appellant

Through:- Prakash Kumar, Ld. Counsel for the appellant.

Vs.

**RPFC-II, Meerut**

.....Respondent

Through:- Sh. B.B. Pradhan, Ld. Counsel for the respondent.

**Order Dated:- 06.04.2026**

This order shall dispose of an application filed by respondent under rule 21 read with section 151 CPC, seeking dismissal of the present appeal on the ground of lack of jurisdiction.

It is stated that the RPFC, Meerut had passed an order against the appellant herein vide order dated 04.11.2025. The appellant has challenged the said order before the Hon'ble CGIT-cum LC-II, Delhi, which is beyond the Jurisdiction of CGIT-II, Delhi, because as per notification dated 23.06.2017, Delhi-II doesn't have the jurisdiction in respect of orders passed by the Regional Office, Meerut. Along with the appeal, the appellant has annexed a notification issued by the Ministry of Labour and Employment dated 23.06.2017, wherein jurisdiction of different CGITs have been carved out. As per the said notification, Meerut falls within jurisdiction of CGIT, Kanpur.

The Ld. Counsel for the appellant submitted that the present appeal has been filed on the basis that the appellant's establishment also has a registered address also at 5/5777, Dev Nagar, Karol Bagh, New Delhi-110005. The Ld. Counsel for the appellant has relied upon rule 6 of the **Tribunal (Procedure) Rules, 1997**, which pertains to the place of filing an appeal. Rule 6A and explanation thereof are required to be reproduced herein:

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**[6. Place of filing appeals.- The appeal shall be ordinarily be filed by the appellant with the Registrar of the Tribunal within whose jurisdiction the cause of action has arisen.]**

1. Subs. By G.S.R. 24(E), dated 14<sup>th</sup> January, 2016, for rule 6 (w.e.f. 14-01-2016), Rule 6, before substitution, stood as under:

6. Place of filing appeals.—The appeal shall ordinarily be filed by the appellant with the Registrar of the Tribunal within whose jurisdiction:-- (i) the appellant is residing for the time being, or (ii) the cause of action has arisen, or (iii) the respondent or any of the respondents against whom relief sought, ordinarily resides.

I have heard the arguments and perused the notification issued by Ministry of Labour and Employment dated 23.06.2017. The contention of the appellant that its establishment has another address at Dev Nagar, Karol Bagh, is fallacious itself. The appellant had got registered its establishment with the Meerut regional office, showing its address at Vill & PO-Khekra, Baghpat-250101, which falls within jurisdiction of CGIT, Kanpur as per the said notification.

At this stage, the Ld. Counsel for the appellant seeks permission to withdraw the appeal with liberty to file the same before the appropriate forum having jurisdiction.

Accordingly, the appeal stands dismissed as withdrawn. The appellant is at liberty to file the same before the appropriate Tribunal having jurisdiction. The records of this appeal be consigned to the record room.

Atul Kumar Garg (Presiding Officer)

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