W.P.No. 16261 / 2010 (BNP Memorial School, Rewa..v. ..Regional P.F.Commissioner & anr.) 26-11-2010 Shri Uttam Maheshwari, learned counsel for the petitioner. Shri J.K.Pillai, counsel for the respondents.
Heard on the question of admission and interim relief.
Admit.
With the consent of the learned counsel for the parties the
petition is heard and decided finally.
The petitioner has filed this petition being aggrieved by order
dated 1-10-2010, passed by the respondent No.1 Regional Provident
Fund Commissioner, Jabalpur, the respondent No.1 rejecting the
application filed by the petitioner under Section 7B of the Employees’
Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter
referred to as the ‘Act’) for review of the order dated 30-7-2010.
It is submitted by the learned counsel for the petitioner that the
provisions of the aforesaid section require the authority who had passed
the initial order to review the same whereas in the instant case the order
passed by the respondent No. 2 has been reviewed by respondent No.
1 which is contrary to law. This is the short ground on which the
impugned order has been assailed.
It is submitted by Shri J.K.Pillai, the learned counsel, who has
entered appearance for the respondents on advance copy, that the
aforesaid situation and position is correct. It is stated that on account of
certain administrative orders and arrangements the order has been
reviewed by respondent No.1.
Having heard the learned counsel for the parties and looking to
the provisions of Section 7B of the Act, the petition filed by the petitioner
is allowed. The impugned order dated 1-10-2010 passed by the
respondent No. 1 is hereby quashed and the matter is remanded back
to the respondent No. 2 to again consider and decide the application
filed by the petitioner under Section 7B of the Act strictly in accordance
with the provisions of law.
To enable the respondent No. 2 to do so, a copy of the order
passed by this Court today along with a copy of the petition be served
upon him by the petitioner.
With the aforesaid directions the petition filed by the petitioner
stands disposed of.
C.C. as per rules.
( R.S.Jha )
Judge
mct