Patna High Court - Orders
The Regional Provident Fund ... vs The Employees Provident Fund Appellate ... on 22 March, 2013
Author: Navin Sinha
Bench: Navin Sinha, Shivaji Pandey
Patna High Court LPA No.337 of 2013 (3) dt.22-03-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.337 of 2013
In
Civil Writ Jurisdiction Case No. 14358 of 2008
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The Regional Provident Fund Commissioner Employees Provident Fund
Organization, Bhavishya Nidhi Bhawan, P.S. Sachivalya, District-Patna.
.... .... Appellant/s
Versus
1. The Employees Provident Fund Appellate Tribunal, New Delhi through
the Presiding Officer.
2. Janshikshan Sansthan through its Director, Pradeep Kumar Keshava,
Gaya, G.B. Road, Gaya, Bihar.
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr.
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA
and
HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NAVIN SINHA)
3 22-03-2013We have heard counsel for the Appellant.
Once it is acknowledged by the Appellant that no notification has been published in the gazette with regard to the establishment in question, we see no reason to interfere with the order of the Employees Provident Fund Appellate Tribunal dated 10.01.2008.
Learned counsel for the Appellant next submits that in the facts of the present case, the respondent admittedly having made an application to be covered establishment, the imposition of costs of Rs. 25,000/- payable to the Legal Services Authority was not justified.
Patna High Court LPA No.337 of 2013 (3) dt.22-03-2013
Considering that we have declined to interfere with the order under Appeal on merits and the costs were directed to be paid to the Legal Services Authority and not the respondent who therefore does not stand to be deprived of any benefit, we consider it proper to set aside that part of the order only imposing costs.
In the circumstances, I.A. No. 1999 of 2013 is allowed only with regard to the imposition of cost.
(Navin Sinha, J.) (Shivaji Pandey, J.) Md. Ibrarul/-