Disposed

Nagar Palika Parishad Hamirpur v. Union of India and 2 Others

Allahabad HC11 Jan 2023WRIC/37405/2022

Case brief

AI extract

What is this about?

Nagar Palika Parishad challenged a notice under EPF Act. Court held it could not interfere as petitioner failed to avail hearing opportunity. Petition disposed with liberty to approach authority and submit explanation.

What did the court decide?

Petition disposed with liberty to petitioner to approach concerned authority and place case by way of written reply or explanation within two weeks.

Nagar Palika Parishad Hamirpur Vs Union of India and 2 Others — Allahabad HC (2023) — LawSathi Research

¶1

Court No. - 34

¶2

Case :- WRIT - C No. - 37405 of 2022

¶3

Petitioner :- Nagar Palika Parishad Hamirpur Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Sant Ram Sharma,Shiv Sagar Singh Counsel for Respondent :- A.S.G.I.,Amit Kumar Singh,Jagdish Pathak

¶4

Hon'ble Saurabh Shyam Shamshery,J.

¶5

Petitioner before this Court is Nagar Palika Parishad, Hamirpur, who is aggrieved that despite explanation afforded, still impugned notice dated 27.09.2022 was issued under Section 14B of Employees' Provident Fund and Miscellaneous Provisions Act, 1952 and Section 7Q of Act for belated remittance made during the period 08.01.2011 to 31.08.2022.

¶6

Sri Shiv Sagar Singh, learned counsel for petitioner submits that default money, if any, was paid as soon as demand was raised in the year 2016 and thereafter there was no delay in deposit of contribution. He, however, fairly submits that in pursuance of impugned notice neither petitioner appeared before concerned authority nor any reply was submitted.

¶7

Sri Amit Kumar Singh, learned counsel appearing for Respondents-2 and 3 submits that entire details are mentioned in impugned notice and opportunity was granted to petitioner of being heard before any damage to be imposed, however, petitioner has not availed said opportunity and rushed to this Court. He further submits that any reply or explanation to impugned notice will be considered in accordance with law.

¶8

Since petitioner has rushed to this Court without availing opportunity granted by impugned notice of hearing as well as to put its case before concerned authority, therefore, this Court cannot interfere with impugned notice at this stage. However, the writ petition is disposed of with liberty to petitioner to

¶9

approach the concerned authority and place its case by way of written reply or explanation within a period of two weeks from today and the same shall be considered by concerned authority in accordance with law and thereafter a reasoned order shall be passed within a period of three weeks.

¶10

Order Date :- 11.1.2023 AK

¶11

Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad

Nagar Palika Parishad Hamirpur v. Union of India and 2 Others

Case brief

What is this about?

What did the court decide?

Nagar Palika Parishad Hamirpur v. Union of India and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Balvindar Singh Vs State of U.P. and 3 Others

The Supreme Industries Limited Vs State of U.P. and 2 Others

Ram Samujh and Another Vs State of U.P. and 3 Others

Kalpana Singh Vs State of U.P. and 2 Others

Munna Lal Vs State of U.P. and 2 Others

Pratibha Devi Vs State of U.P. and 4 Others