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Bombay High Court

Jaibharat Textiles And Real Estate ... vs The Regional Provident Funds ... on 18 August, 2022

Author: Avinash G Gharote

Bench: Avinash G. Gharote

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR

                                   Writ Petition No.4904/2022
  Jaibharat Textiles and Real Estate Ltd V the Regional Provident Funds Commissioner,
                                          Nagpur
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                        Court's or Judge's Orders
or directions and Registrar's orders.
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                 Mr. A.J. Pathak, Advocate for petitioner.

                                  CORAM : AVINASH G GHAROTE, J.

DATE : 18-08-2022 Heard the learned Counsel for the petitioner.

The only contention is that, after filing of application under Section 7-B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (pg 41), the petitioner was neither noticed nor heard as was the requirement under Section 7-B(4) (a) of the EPF Act. Reliance is also placed in the case of Deogiri nagari Sahakari Patsanstha Ltd vs Assistant Provident Fund Commissioner and another 1.

Since the petitioner himself is the review applicant, it is a rather strange procedure where the petitioner himself is required to be issued notice for remaining present in the proceedings. This question regarding the procedure needs to be determined.

1 2022(1) Mh.L.J. 259.

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Issue notice for final disposal of the matter, returnable on 05-09-2022.

The learned Counsel for the petitioner to serve Mr. Verma, learned standing counsel for the Provident Fund Office, Nagpur.

JUDGE Deshmukh ::: Uploaded on - 18/08/2022 ::: Downloaded on - 19/08/2022 14:49:11 :::