The single-judge bench of the Patna High Court dismissed a writ petition challenging the dismissal of a petitioner's statutory appeal by the Assistant Provident Fund Commissioner for non-appearance. The court held this was not a valid ground for writ jurisdiction.
The writ application challenging the order dated 31.05.2001 was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.12702 of 2012 (2) dt.18-06-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12702 of 2012
====================================================== 1. M/S Sri Gouri Talkies Through It'S Proprietor Sri Nath Singh At Bikramganj, P.O. And P.S.- Bikramganj, District- Rohtas, At Present Residing At Flat No. 607/B, Gagan Apartment, Exhibition Road, Patna
.... .... Petitioner Versus 1. The Union Of India Represented Through The Regional Provident Fund Commissioner Employees Provident Fund Organisation, Ministry Of Labour, Govt. Of India, Having It'S Regional Office At Bhavishya Nidhi Bhawan, R. Block, Road No. 6, Patna 2. The Assistant Provident Fund Commissioner Ministry Of Labour, Govt. Of India,Having It'S Regional Office At Bhavishya Nidhi Bhawan, At R. Block, Road No. 6, Patna
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Durgesh Pd. Sinha For the Respondent/s : Mr. Prashant Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 2 18-06-2013 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks to challenge an order dated 31.05.2001 passed by the Assistant Provident Fund Commissioner (Compliance), Bihar, Patna after the statutory appeal filed by him is stated to have been dismissed for non-appearance.
The aforesaid can not be a ground for invoking the writ jurisdiction of this Court.
The writ application is, accordingly, dismissed.
V.P.Sinha/- (Ramesh Kumar Datta, J)
2 issues framed by the court
Whether the dismissal of a statutory appeal for non-appearance is a ground for invoking writ jurisdiction.
Whether a writ application challenging such dismissal should be allowed.
M/S Sri Gouri Talkies Through It'S Proprietor Sri Nath Singh
The Union Of India Represented Through The Regional Provident Fund Commissioner Employees Provident Fund Organisation
The Assistant Provident Fund Commissioner Ministry Of Labour
RAMESH KUMAR DATTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
