Madhya Pradesh High Court
WP/23284/2023 of VIDYA BHAWAN PUBLIC SCHOOL THROUGH ITS SECRETARY Vs EMPLOYEES PROVIDENT FUND ORGANISATION 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 SUSHRUT ARVIND DHARMADHIKARION THE 2[nd] OF FEBRUARY, 2024
WRIT PETITION No. 23284 of 2023
BETWEEN:-
VIDYA BHAWAN PUBLIC SCHOOL THROUGH ITSSECRETARY 218 SAKET NAGAR INDORE (MADHYAPRADESH)
.....PETITIONER
(SHRI PRATEEK PATWARDHAN, LEARNED COUNSEL FOR THEPETITIONER)
AND
EMPLOYEES PROVIDENT FUND ORGANISATIONREGIONAL PROVIDENT FUND COMMISSIONER II 7,RACE COURSE ROAD INDORE (MADHYA PRADESH)
.....RESPONDENTS
(MS DARSHANA BAGHEL, LEARNED COUNSEL FOR THE RESPONDENT[R-1].
)
This petition coming on for order this day, th e court passed the following:
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ORDER
The present petition under Article 226 of the Constitution of India hasbeen filed challenging the order passed by the Regional Provident FundCommissioner - II dated 07.04.2022(Annexure P-1) in case No.MP/IND/0017042/000/ENF541/Damages/809.
I.A. No. 8353/2023, an application for dismissal of the writ petition hasbeen filed of respondents.
Learned counsel for the contended that this writ petition is not maintainable as the order impugned is appealable u/S 7(I) of the EPF and MPAct, 1952 and therefore, the same is liable to be dismissed.
At this stage, learned counsel for the petitioner submitted that he is readyto withdraw the writ petition with liberty to approach the CGIT, Jabalpur byfiling an appeal. However, the limitation may not come in his way.
Heard, learned counsel for the parties and perused the record.
In view of the fact that the order impugned is appealable, the petitioner ispermitted to withdraw the petition with liberty to the petitioner to approach theCGIT, Jabalpur.
Since the petition was filed on 08.09.2023, the CGIT, Jabalpur shall nottake into consideration, the period of filing of writ petition till today i.e. the dateof withdrawal of petition for the purpose of limitation. However, the petitionershall file a separate application for condonation of delay explaining theremaining part of delay.
With the aforesaid liberty, petition stands dismissed as withdrawn.
sh
(S. A. DHARMADHIKARI)JUDGE