Bombay High Court
M/S Mehetre Hospital, Buldhana Thr. Its ... vs The Asstt Provident Funds ... on 19 December, 2022
Author: Vinay Joshi
Bench: V. G. Joshi
1 25 wp 8140.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 8140 OF 2022
M/s. Mehetre Hospital, thr. Its Prop.
..vs..
The Asstt. Provident Funds Commissioner, Akola
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri A.J. Pathak, Advocate for the petitioner.
CORAM : VINAY JOSHI, J.
DATED : 19/12/2022.
Heard.
2. The petitioner / establishment has filed a review in terms of Section 7B of the Employees Provident Funds and Misc. Provisions Act, 1952 (the Act) for reviewing the order under Section 7A of the Act. The said review application has been rejected vide order dated 17.06.2022 which is the subject matter of challenge.
3. Amongst other grounds, the petitioner has mainly emphasize that review application was decided without issuing notices or giving right of hearing and thus, it is ex facie illegal. By placing specific reliance upon the decision of this Court in case of Deogiri Nagari Sahakari Patsanstha Ltd. vs. Assistant Provident Fund Commissioner 2022(1) Mh.L.J 259 it has been canvassed that review application must be decided on merit after giving right of hearing to the establishment.
2 25 wp 8140.2022
4. Prima facie, perusal of the impugned order indicates that the order was passed without hearing the other side.
5. Issue notice to the respondent for final disposal, returnable after four weeks.
6. In the meantime, there shall be interim relief in terms of prayer clause (C).
(VINAY JOSHI, J.) Trupti TRUPTI SANTOSHJI AGRAWAL 19.12.2022 19:14