Dismissed

S.M.I.T. v. Registrar,E.P.F.

Orissa HC5 Jan 2016WP(C)/21367/2015

Case brief

AI extract

What is this about?

This Court dismissed a writ petition filed due to non-consideration of an interim prayer by the Appellate Tribunal. Noting that the Presiding Officer had joined and the interim application could now be filed before the Tribunal, the Court declined to entertain the petition but granted liberty to approach the Tribunal. The writ petition was disposed of.

What did the court decide?

No relief granted; liberty granted to file interim application before the Appellate Authority; writ petition disposed.

S.M.I.T. Vs Registrar,E.P.F. — Pension and Retirement Benefits | Orissa HC (2016)

¶1

W.P.(C) No. 21367 of 2015

¶2

05.01.2016

¶3

 Heard Mr. P.K. Satpathy, learned counsel for the petitioner and Mr. S.S. Mohanty, learn
ed counsel for opposite party nos. 2 & 3.

¶4

 The petitioner files this application challenging the inordinate delay in disposal of th
e appeal filed by him and for non-consideration of interim prayer by the Employees Provident A
ppellate Tribunal, New Delhi.

¶5

 Mr. P.K. Satpathy, learned counsel for the petitioner submits that the order being appea
lable one, the petitioner has already preferred appeal, but due to non-availability of Presidi
ng Officer, he approached this Court by filing this application.

¶6

 Mr. S.S. Mohanty, learned counsel for opposite party nos. 2 & 3 states that the writ pe
tition is not maintainable. As such, the petitioner has already moved the appellate authority,
 therefore, the writ petition cannot sustain in the eye of law.

¶7

 Considering the contention raised by learned counsel for the parties and after going thr
ough the records, it appears that the petitioner has already preferred appeal before the Appel
late Authority and also moved an application for grant of interim relief. Due to non-availabil
ity of P.O. he approached this Court by filing this application. It is stated by Mr. S.S. Moh
anty, learned counsel for opposite party nos. 2 & 3 that the P.O. has already joined, therefor
e, interim application so filed can also be considered by appellate authority. In that view of
 the matter, this Court is not inclined to entertain this application. However, liberty is gra
nted to the petitioner to move the interim application before the Appellate Authority.
 With such liberty, the writ petition stands disposed of.

¶8

 Dr. B.R. Sarangi, J.

S.M.I.T. v. Registrar,E.P.F.

Case brief

What is this about?

What did the court decide?

S.M.I.T. v. Registrar,E.P.F.

Case brief

What is this about?

What did the court decide?

What the court decided

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