Madhya Pradesh High Court
WP/8288/2023 of MR. SURESH ANGLANI Vs ASSISTANT PROVIDENT FUND COMMISSIONER on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIAON THE 2[nd] OF FEBRUARY, 2024
WRIT PETITION No. 8288 of 2023
BETWEEN:-
MR. SURESH ANGLANI S/O LATE SHRI HEERALALANGLANI, AGED ABOUT 60 YEARS, OCCUPATION:BUSINESS R/O E-14 HIG COLONY INDORE (MADHYAPRADESH)
.....PETITIONER(SHRI PRATEEK PATWARDHAN, LEARNED COUNSEL FOR THEPETITIONER.)
AND
1.ASSISTANT PROVIDENT FUND COMMISSIONEREMPLOYEES PROVIDENT FUND ORGANIZATION,REGIONAL OFFICE, IDA BUILDING, 7 RACECOURSE ROAD, INDORE (MADHYA PRADESH)
2.RAGHUVEER SINGH RAJPUT A 97 ABHINANDANNAGAR SUKHLIYA DISTRICT INDORE (MADHYAPRADESH)
.....RESPONDENTS
(MS. DARSHANA BAGHEL, LEARNED COUNSEL FOR THE RESPONDENTNO.1.)(SHRI SHASHI KANT CHOURASIA, LEARNED COUNSEL FOR THERESPONDENT NO.2.)
This petition coming on for hearing this day, the court passed the following:
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ORDER
01. The petitioner has filed the present petition challenging order passed by the Assistant Provident Fund Commissioner u/s. 7A of the EmployeesProvident Fund and Miscellaneous Provisions Act, 1952 instead of approachingthe CGIT which is an appellate authority on the ground that there was no Presiding Officer.
02. Vide order dated 24.4.2023 this Court protected the petitioner fromany coercive action.
03. Respondent No.1 has filed I.A. No.8608/2023 by submitting that ShriPurnendu Kumar Srivastava has been appointed as Presiding Officer, therefore,now the CGIT is functional.
04. In view of the above, this petition is disposed of with a liberty toapproach the CGIT. If an appeal is filed within a month from today, the sameshall be entertained without any application for condonation of delay. Theinterim protection granted by this Court to the petitioner on 24.4.2023 shallremain in force for a period of two months from today.
C.C. as per rules.
AlokDigitally signed by ALOK GARGAV Date: 2024.02.03 11:31:32 +05'30'
(VIVEK RUSIA)JUDGE