Disposed

M/S. Fancy Rehabilitation Trust v. Union of India

Bombay HC13 Sept 2006WP/3086/2003

Case brief

AI extract

What is this about?

The High Court, without expressing an opinion on merits, directed the petitioner to file an appeal before the Provident Fund Tribunal within four weeks regarding damages imposed under Section 14-B of the EPF Act. The Court directed the Tribunal to entertain the appeal on merits despite the limitation bar due to the petitioner being a charitable trust employing disabled persons. The petitioner's de

What did the court decide?

Petitioner directed to file appeal before Tribunal within four weeks; Tribunal directed to entertain appeal on merits despite limitation bar; deposit permitted to be withdrawn.

M/S. Fancy Rehabilitation Trust Vs Union of India — Service and Employment | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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O. O. C. J.

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WRIT PETITION NO.3086 OF 2003

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M/s. Fancy Rehabilitation Trust Vs.

The Union of India

..Petitioner.

..Respondent.

Mr. Uday Warunjikar for the Petitioner. Mrs. S.V. Bharucha for Respondent Nos.2 to 4.

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CORAM: DR. D.Y. CHANDRACHUD, J.

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13^th September, 2006.

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P.C. :

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The Petitioner has by this proceeding under Article 226 of the Constitution challenged an order dated 27th September, 2002 imposing damages under Section 14-B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. At the stage of admission, stay was granted conditional on the Petitioner depositing an amount of Rs.60,000/- before this Court. Counsel appearing for the Petitioner states that the amount has been deposited. An appeal lies under Section 7-I to the Tribunal against an order imposing damages under Section 14-B of the Act. In the circumstances, without the expression of any opinion on the merits

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of this case, the Petitioner is relegated to the remedy of an appeal

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under Section 7-I before the Tribunal. Under Section 7-O an appeal has to be accompanied by a deposit of 75% of the amount due and the Tribunal is empowered for reasons in writing to waive or reduce the amount so deposited. In the present case an amount of Rs.60,000/- has already been deposited out of the total damages of Rs.1,37,868/-. The Petitioner has averred that it is a charitable trust registered under the Bombay Public Trust Act, 1950 and for carrying out its activities it employs handicapped and disabled persons. The activities of the Petitioner trust inter alia include uplifting food from the air flight kitchen and to distribute it to the poor and needy. Having regard to all these facts and circumstances, the ends of justice will be met if the Tribunal is directed to entertain the appeal on merits, if an appeal is filed within a period of four weeks from today, without having regard to the bar of limitation. The amount which has been deposited before this Court is permitted to be withdrawn by the Second Respondent, subject to such final orders as may be passed by the Tribunal. The Petition is accordingly disposed of in these terms. No order as to costs.

M/S. Fancy Rehabilitation Trust v. Union of India

Case brief

What is this about?

What did the court decide?

M/S. Fancy Rehabilitation Trust v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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