Allowed

St. M.g.public School and Ors. v. The Union Of India and Ors.

Patna HC6 Mar 2013CWJC/3549/2013

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition. The court held that a review order rejecting the application without addressing specific grounds was nonspeaking and barred the appeal remedy. The impugned order was quashed and the matter remitted to reconsider the application after a hearing.

What did the court decide?

The impugned order dated 11.09.2012 is quashed and the matter is remitted to the Assistant Provident Fund Commissioner to reconsider the review application after a personal hearing and pass a speaking

St. M.g.public School and Ors. Vs The Union Of India… — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.3549 of 2013

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St. M.G. Public School R/O Kannu Lal Road, Mithapur, P.S.- Jakkanpur, Patna Through Its Secretary- Rajesh Singh Buddhpriya, S/O Shri R.A. Vatsayan 2. The Secretary, St. M.G. Public School R/O Kannu Lal Road, Mithapur, Patna, P.S.- Jakkanpur, Patna .... .... Petitioners Versus

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The Union of India through the Regional Provident Fund Commissioner, Bihar, Patna Employees Provident Fund Organisation, Regional Office, 'Bhavshya Nidhi Bhawan', R-Block, Road No. 6, Serpentine Road, Patna 2. The Assistant Provident Fund Commissioner (Compliance), Bihar, Patna Employees Provident Fund Organisation, Regional Office, 'Bhavishya Nidhi Bhawan', R-Block, Road No. 6, Serpentine Road, Patna

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.... .... Respondents ====================================================== Appearance : For the Petitioners : M/s Alok Kumar Sinha, Indrajeet Bhushan & Manish Kumar, Advocates For the E.P.F.O : Mr. R. S. Pradhan, Sr. Advocate Mr. Jainandra Kumar, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 06-03-2013 Although learned senior counsel for the respondentEmployees Provident Fund Organisation submits that petitioners have remedy by way of appeal against the impugned order, as contained in Annexure-1, rejecting the review application of the petitioner, in terms of Section 7A (1) and sub-section (5) of Section 7B of the Employees’ Provident Fund & Miscellaneous Provisions Act, 1952, this Court finds that since the order rejecting the review application of petitioner is apparently a nonspeaking one and without dealing with the specific grounds raised therein, the case of petitioner is covered by an order of this

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Patna High Court CWJC No.3549 of 2013 (2) dt.06-03-2013

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2/2

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Court dated 02.07.2010 passed in CWJC No.3645 of 2006 in the case of M/s Vijay Talkies Vs. The Employees Provident Fund Organisation & anr. [2010 (4) PLJR 201].

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In the circumstances, this application is allowed and the impugned order dated 11.09.2012 passed by the Assistant Provident Fund Commissioner (Compliance) Bihar, Patna, as contained in Annexure-1, is quashed and the matter is remitted back to him to reconsider review application of the petitioner, deal with the specific grounds raised therein and pass a speaking order afresh in accordance with law, if necessary, after giving personal hearing to the petitioners or their authorized representative.

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(Jayanandan Singh, J)

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B.T/-

St. M.g.public School and Ors. v. The Union Of India and Ors.

Case brief

What is this about?

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St. M.g.public School and Ors. v. The Union Of India and Ors.

Case brief

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