Central Government Industrial Tribunal
CGIT1 Delhi Corrigendum Order dated 13.09.2024 in EPF Appeal No. D-1/18/2018 Mynah Designs vs APFC/ RPFC on 13 September 2024
M/s. Mynah Designs Vs. APFC/ RPFC Delhi (South)
CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL CUM LABOUR COURT 1, DELHI
Appeal No. D-1/18/2018
M/s. Mynah Designs
Appellant
Vs.
APFC/ RPFC, Delhi (South)
Respondent
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1. Sh.Rajiv Arora, Advocate for the Appellant
2. Sh. Naresh Gupta, Advocate for the Respondent. Corrigendum Order Mr. Justice Vikas Kunvar Srivastav, Presiding Officer, Retired Judge of Hon’ble High Court of judicature at Allahabad
1. Whereas, A final order dated 13.09.2024 is issued in the aforementioned appeal by this tribunal;
2. And whereas, a typographic error has brought to the notice of undersigned in para 36 at page no. 26 of the said order which is as follows:- In the instant matter admittedly, the contribution fell due in the year 1997 for which notice is issued in the year 2012. Till the date default is committed in the year 1997 and the date of notice in the year 2012 both the amendments referred above had been given effect to.
3. And Whereas , Section 7 L(2) of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 gives power to this tribunal to rectify any mistake in the order passed by this tribunal. The provision of the said section are quoted hereunder for ready reference:- 7L. Orders of Tribunal.—……(1)…..
(2) A Tribunal may, at any time within five years from the date of its order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1) and shall make such amendment
M/s. Mynah Designs Vs. APFC/ RPFC Delhi (South)
in the order if the mistake is brought to its notice by the parties to the appeal: Provided that an amendment which has the effect of enhancing the amount due from, or otherwise increasing the liability of, the employer shall not be made under this sub-section, unless the Tribunal has given notice to him of its intention to do so and has allowed him a reasonable opportunity of being heard.
4. Therefore in exercise of the power conferred under Section 7 L(2) of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952, in the order passed on 13.09.2024, by this tribunal, the following lines written in para 36 at page no. 26:- In the instant matter admittedly, the contribution fell due in the year 1997 for which notice is issued in the year 2012. Till the date default is committed in the year 1997 and the date of notice in the year 2012 both the amendments referred above had been given effect to. Be read as :- In the instant matter admittedly, the contribution fell due for the period of 09/2005 to 06/2015. Ordered accordingly.
Justice Vikas Kunvar Srivastav Presiding Officer,
CGIT-cum-Labour Court No.1, Delhi. Retired Judge of Hon’ble HighCourt ofjudicature at Allahabad
Date: 13/September/2024_1805hrs rds