cases and fixing the same before the Circuit Bench has already been commented upon by this court C.W.P. No. 1526 of 2011—Auto Piston Mfg. Co. (P) Ltd. and another v. Employees Provident Fund Appellate Tribunal and others, decided on 30.8.2012. In the case in hand, the appeal was listed at Delhi on 10.2.2010. In the presence of counsel for the parties, it was adjourned to 7.7.2010 at Delhi. As the principal seat of the Tribunal is at Delhi, the petitioner had engaged a local counsel. However, a notice was sent in between, which is dated nil, directing fixing of the appeal at Chandigarh on 20.5.2010. When a request for adjournment was made by the petitioner on the ground that counsel for the petitioner was busy in another case at Lucknow, rejecting the request the appeal was reserved for orders and ultimately dismissed on 4.6.2010. Even the review application was also dismissed. Once hearing of the appeal had been fixed at Delhi, all of a sudden change of the date and fixing the same at Chandigarh and dismissing on the very first date of hearing has certainly caused prejudice to the petitioner, as he has been condemned unheard. The cause shown by the petitioner for seeking adjournment was reasonable and deserved consideration.
