Calcutta High Court
Mana Services Private Limited & Anr vs The Regional Provident Fund ... on 17 September, 2008
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
APOT No. 94 of 2008
APO No. 83 of 2008
GA 958 of 2008
With
WP No. 449 of 2007
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
MANA SERVICES PRIVATE LIMITED & ANR.
Versus
THE REGIONAL PROVIDENT FUND COMMISSIONER-II & ANR.
Mr. Abhijit Chatterjee, Sr. Advocate
Mr. Anindya Basu,Advocate
Mr. Cedric Fernandez
............for Appellants.
Mrs. Aparna Banerjee,Advocate
...................for Respondents.
BEFORE:
The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE The Hon'ble JUSTICE KALIDAS MUKHERJEE Date : 17th September, 2008.
The Court :- This is an appeal against an order passed by the Hon'ble Single Judge rejecting an application under Article 226 of the Constitution of India filed by the writ petitioner/appellant against an order passed by the Provident Fund Authorities under Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act,1952, inter alia, on the ground that the writ 2 petitioner/appellant had alternative efficacious remedy by way of an appeal under Section 7-I of the said Act of 1952.
We have heard Mr. Abhijit Chatterjee, learned senior Advocate, appearing for the writ petitioner/appellant and Mrs. Aparna Banerjee, learned Advocate for the Provident Fund Authorities. We do not find any infirmity in the order of the Hon'ble Single Judge.
Certainly the writ petitioner had an alternative efficacious remedy by way of an appeal before the Appellate Forum under Section 7-I of the said Act of 1952.
Mr. Chatterjee submits that in the meantime the time to file appeal has expired. He submits that leave may be granted to his client to prefer the appeal within ten days. Mrs. Banerjee, in her usual fairness, does not oppose such prayer of Mr. Chatterjee.
Therefore, if the appeal and the application for condonation of delay in filing the appeal are presented within ten days from this date, the appellate authority is directed to condone the delay in filing appeal and to dispose of the appeal on merits and in accordance with law within three months from the date of filing of the appeal in the office of the appellate authority.
By way of an abundant caution, we make it clear that we have no occasion to go into the merits of the claim and the counter claim of the parties involved in the writ petition and all points 3 for considerations are left open; those are to be considered by the appellate authority in accordance with law.
The appeal, thus, stands disposed of with the aforementioned directions.
We direct the parties to bear their respective costs in this appeal.
All parties concerned are to act on a signed xerox copy of this order on the usual undertakings.
(SUBHRO KAMAL MUKHERJEE, J.) (KALIDAS MUKHERJEE, J.) skc