Dismissed

Jogendra Singh Gandhi v. the Union of India and Ors.

Patna HC31 Jul 2015CWJC/12180/2004

Case brief

AI extract

What is this about?

Petitioner sought withdrawal of writ petition against EPFO orders with liberty to file appeal before Appellate Tribunal. Court granted permission, allowing one month for appeal while preserving limitation.

What did the court decide?

Permission granted to withdraw petition with liberty to file appeal within one month; limitation bar excluded for belated appeal if filed.

Jogendra Singh Gandhi Vs the Union of India… — Pension and Retirement Benefits | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12180 of 2004

¶2

====================================================== Jogendra Singh Gandhi son of late Mala Singh, resident of Gola Road Baker Ganj, P.S. Pirbahore, District Patna.

¶3

.... .... Petitioner/s

¶4

Versus

¶5

The Union of India through the Regional Provident Fund Commissioner, Bihar, Employees Provident Fund Organisation, Bhavishya Nidhi Bhawan ‘R’ Block, Road No.6, Patna-800001.

¶6

The Assistant Provident Fund Commissioner, Bihar, Patna, Employees Provident Fund Organisation, Bhavishya Nidhi Bhawan ‘R’ Block, Road No.6, Patna-800001.

¶7

.... .... Respondent/s

¶8

====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Sinha For the Respondent/s : Mr. Prashant Sinha

¶9

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

¶10

3 31-07-2015 Heard the parties.

¶11

The petitioner has filed the present writ petition assailing the validity and correctness of order dated 15^th April, 2004 (Annexure-1) passed by the Assistant Provident Fund Commissioner, Bihar, Patna, in exercise of his powers under Section 7A of The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (In short ‘Act, 1952’). He is also aggrieved by the order dated 07.06.2004 (Annexure-2), whereby the review petition filed on behalf of the petitioner has been rejected.

¶12

Learned counsel appearing on behalf of the parties are unanimous in their submissions that the impugned original order dated 15^th April, 2004 (Annexure-1) is appealable in terms of Section 7(I) of the Act, 1952 before the Appellate Tribunal.

¶13

In view of availability of alternative and efficacious remedy to the petitioner against the impugned original order dated

¶14

Patna High Court CWJC No.12180 of 2004 (3) dt.31-07-2015

¶15

2/2

¶16

15^th April, 2004 (Annexure-1), he seeks permission to withdraw the present writ petition with a liberty to file an appeal before the learned Appellate Tribunal raising all the pleas, which have been raised in the present writ petition.

¶17

Permission is accorded.

¶18

The writ petition stands disposed of as withdrawn with the liberty aforesaid.

¶19

If such an appeal is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the same shall be considered and decided on its own merit and shall not be dismissed on the ground of limitation, as on a bonafide legal advice the present writ petition was filed on 29.09.2004 and that remained pending before this Court till date.

¶20

Parties shall be at liberty to raise all the issues of facts and law, which are available to them, before the Appellate Tribunal.

¶21

(Birendra Prasad Verma, J)

¶22

BTiwary/-

¶23

Jogendra Singh Gandhi v. the Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Jogendra Singh Gandhi v. the Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Pramod Kumar and Ors. Vs State Of Bihar and Anr.

Shambhu Nath Singh and Ors. Vs State Of Bihar and Anr.

Devnandan Paswan and Ors. Vs State Of Bihar and Anr.

Hari Ram and Ors. Vs Chandra Kant Jha and Ors.

Bishnu Kant Chaudhary Vs the State of Bihar and Ors.

Binod Shah and Ors. Vs the State of Bihar and Ors.