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LPA/590/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 590 of 2011
In
SPECIAL
CIVIL APPLICATION No. 2839 of 2011
=========================================
GUJARAT
STATE ROAD TRANSPORT CORPORATION
Versus
REGIONAL
PROVIDENT FUND COMMISSIONER AND ANOTHER
=========================================Appearance
:
MR GM JOSHI
for the Appellant
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 06/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have
heard learned counsel Mr. G.M. Joshi for the appellant.
2. Intra-court
this Letters Patent Appeal has been filed challenging judgment dated
15.3.2011 passed in Special Civil Application No.2839 of 2011, by
which the writ petition filed by the appellant has been dismissed on
the ground of availability of statutory alternative remedy under the
provisions of the Provident Fund Act.
3. The
learned counsel for the appellant has urged that he has applied for
waiver before the Central Board of Trustees under second proviso of
Section 14-B of the P.F. Act. This second proviso applies to SICK
Industrial Unit and not to the appellant who has not yet been
declared as ‘SICK’. Therefore, the application filed by the appellant
before the Central Board of Trustees is not maintainable.
4. The
Hon’ble Apex Court time in number has said that, ‘when there is
statutory remedy available, High Court should not exercise its
jurisdiction under Article 226 of the Constitution of India’.
5. For the
aforesaid reasons, we do not find any illegality in the order passed
by the learned Single Judge. This appeal fails and is according
dismissed.
(V.M.
SAHAI, J.)
(G.B.
SHAH, J.)
omkar
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