Calcutta High Court (Appellete Side)
M/S. M.P. Siotani & Sons(Huf) vs The Regional Provident Fund ... on 27 July, 2016
Author: I.P. Mukerji
Bench: I.P. Mukerji
1
20 27.07.16
W.P.11632 (W) of 2016
M/s. M.P. Siotani & Sons(HUF).
Vs.
The Regional Provident Fund Commissioner & Ors.
Mr. Bhaskar Sen, Sr. Advocate
Mr. Rahul Arya
Mr. Akash Dutta
Mr. S. Dutta ... . For the Petitioners.
Mr. Jasobanta Rakshit .... For the Respondent.
The impugned order of the Tribunal dated 6th June, 2016 dismissed the appeal of the writ petitioner on the ground of limitation. There was no occasion for the Tribunal to go into the merits of the case.
I am of the opinion that this case should be decided on merits by condoning the delay. Such delay is condoned by this Court. The Appellate Tribunal will rehear and redetermine the appeal in accordance with law within six months from date. The impugned order dated 6th June, 2016 is set aside. No coercive action is to be S.D. taken by the Provident Fund Authority against the writ petitioner with regard to the subject matter of this case till a decision is made by the Appellate Tribunal and for the period of four weeks to enable the writ petitioner to 2 challenge it if required.
The interim order dated 18th July, 2016 is modified to the above extent.
All the papers are before this Court. Affidavits were not invited. The allegations contained in the writ petition are deemed not to have been admitted.
The writ application is thus disposed of. Urgent certified photocopy of this order, if applied for, be supplied to the parties on priority basis.
( I.P. Mukerji, J.) 3