Petitioner, successor to Assistant Provident Fund Commissioner, challenged the validity of an APFT order dismissing a clubbing case. Court dismissed petition as belated and misconceived, imposing costs.
Dismissal of writ petition; cost of Rs.10,000 to be deposited by petitioner.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21859 of 2012
====================================================== The Assistant Provident Fund Commissioner Employees Provident Fund Organisation Regional Office, Bhavisyanidhi Bhawan, R-Block, Road No.6, P.S.-Sachiwalaya, Distt-Patna
.... .... Petitioner/s Versus M/S Swadeshi Vastralaya, Through Its Proprietor, Sanjeev Kumar Jain K.P.Road, P.S.-Kotwali, Distt-Gaya .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER
2 04-12-2012 Heard learned counsel for the petitioner.
Patna High Court CWJC No.21859 of 2012 (2) dt.04-12-2012 2/2
Section 2A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Perusal of the impugned order indicates that the Tribunal has given good reasons for setting aside the order dated 31.01.2005. It also appears from the petition that the successor in office of Sri S.K. Singh has chosen to challenge the order dated 16.01.2008 after more than three years of its passing and the challenge is not only misconceived but also belated.
(V.N. Sinha, J)
Rajesh/-
1 issue framed by the court
Whether the challenge to the order dated 16.01.2008 passed after more than three years by the Employees Provident Fund Appellate Tribunal constitutes a valid writ petition.
Assistant Provident Fund Commissioner Employees Provident Fund Organisation
M/S Swadeshi Vastralaya
V.N. SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
