Jharkhand High Court
Steel Authority Of India Ltd vs The Union Of India & Others on 10 August, 2022
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No. 301 of 2011
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Steel Authority of India Ltd. .... ..... Petitioner Versus The Union of India & Others ..... ..... Respondents CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............
For the Petitioner : Mr. Saket Upadhyay, Advocate.
Mr. Sushant Kumar, Advocate.
For the Respondent/UOI : Mr. Shiv Kum
For the Respondents-EPFO : Mr. P.A.S. Pati, Advocate.
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09/10.08.2022.
Heard, learned counsel, Mr. Saket Upadhyay assisted by learned counsel, Mr. Sushant Kumar on the instruction of learned counsel for the petitioner, Mr. Abhay Kumar Mishra and learned counsel for the respondents / EPFO, Mr. P.A.S. Pati.
After some argument, learned counsel for the petitioner seeks permission to withdraw this writ petition, so as to avail legal remedy available under Section 7-I of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, but has submitted, that the period from the date of filing of writ petition i.e. 19.01.2011 till today i.e. 10.08.2022 may be condoned under Section 14 of the Limitation Act as petitioner has preferred writ petition before this Court.
Learned counsel for the respondents / EPFO, Mr. P.A.S. Pati and learned counsel for the respondent / UOI, Mr. Shiv Kumar Sharma have no objection, but learned counsel for the respondents / EPFO, Mr. P.A.S. Pati has submitted, that limitation may not be condoned by this Court, rather the same shall be considered by Employees, Provident Fund Tribunal in accordance with law.
Considering the rival submission of the parties, petitioner is permitted to withdraw this writ petition, if petitioner invoked provisions as envisaged under Section 7-I of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 before the Employees' Provident Fund Tribunal along with petition for condonation of delay. It is expected from the Employees Provident Fund Tribunal that they will consider Section 14 of the Limitation -2- Act and will condone the delay from the date of filing the writ petition i.e. 19.01.2011 till today in accordance with law and pass necessary order on merits so that parties may not aggrieved.
Interim order granted vide order dated 20.01.2011 is hereby vacated.
Accordingly, the writ petition is dismissed as withdrawn. Pending I.As. stand closed.
(Kailash Prasad Deo, J.) Sunil/-