Gujarat High Court
Employees vs Tipco on 27 January, 2012
Author: K.M.Thaker
Bench: K.M.Thaker
Gujarat High Court Case Information System
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SCA/127/2012 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 127 of
2012
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EMPLOYEES
PROVIDENT FUND ORGANISATION THRO.ITS ASSISTANT - Petitioner(s)
Versus
TIPCO
INDUSTRIES LIMITED THRO ITS AUTHORIZED SIGNATORY - Respondent(s)
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Appearance :
MRS
VASAVDATTA BHATT for Petitioner(s) : 1,
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 27/01/2012
ORAL ORDER
Heard Mrs. Bhatt, learned advocate for the petitioner. She has submitted that while partly allowing the appeal preferred by present respondent and remanding the matter for fresh decision by present petitioner, the Appellate Tribunal has fixed the rate at which the dues are to be ascertained, i.e. 17% which, according to learned advocate for the petitioner is contrary to the Scheme framed under the Act.
2. Having regard to the fact that though the said order of the appellate authority was passed on 3.6.2011 and the appellate authority required the petitioner to decide the case within 1 month from the receipt of the order, the petitioner herein did not decide the matter as per the directions of the appellate authority and for almost 7 months, does not appear to have done anything and, ultimately, on or around 13.12.2011 filed present petition. The petition appears to have been filed on 21.12.2011 as per the presentation form and has been circulated for hearing on 19.1.2012.
3. During the entire interregnum, i.e. from June-2011 until 24.1.2012, the petitioner authority does not appear to have taken any action in compliance of the Appellate Tribunal's direction to hear and decide the matter, on remand, within 1 month. Therefore, there is no cause or justification for granting any ex-parte relief.
Notice returnable on 27.2.2012.
(K.M.Thaker, J.) kdc Top