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LPA/1438/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1438 of 2011
In
SPECIAL
CIVIL APPLICATION No. 10216 of 2011
With
CIVIL
APPLICATION No. 11667 of 2011
In
LETTERS
PATENT APPEAL No. 1438 of 2011
=========================================================
GUJARAT
ENERGY TRANSMISSION CORPORATION LTD. - Appellant(s)
Versus
ASSISTANT
PROVIDENT FUND COMMISSIONER - Respondent(s)
=========================================================
Appearance :
MS
LILU K BHAYA for
Appellant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 15/11/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. This
Letters Patent Appeal has been preferred against the judgment and
order dated 08.08.2011 passed by the learned Single Judge in Special
Civil Application No.10216/2011.
2.
Heard Ms. L.K. Bhaya learned counsel for the appellant. She
submitted that the learned Single Judge erred in appreciating the
fact that the appellant has been granted exemption by the State
Labour Department vide its Notification dated 21.12.1964. She also
submitted that the written arguments submitted by the appellant were
not considered by the authority and that when the reply was filed on
14.07.2011, straight-away the matter was fixed for final judgment,
without granting any opportunity to the appellant. She further
submitted that the order passed by the authority is a non-speaking
order as no reasons were assigned.
3. This
appeal has been preferred against an order passed by the learned
Single Judge wherein, the order under challenge was passed by the
competent authority under The Employees’ Provident Fund and
Miscellaneous Provisions Act, 1952.
4. In
our opinion, the petition before the learned Single Judge was under
Article 227 of the Constitution of India and in view of the decision
rendered by the Full Bench of this Court in the case of The
Bhagyodaya Co-operative Bank Limited v. Natvarlal Patel and others,
2011 (2) G.L.H. 147, a Letters Patent Appeal against the
order of the learned Single Judge would not be maintainable.
5. In
view of the above, this appeal is not entertained on the ground on
maintainability alone. Hence, the appeal is dismissed. Consequently,
the civil application also stands rejected.
[V.M. SAHAI, J.]
[K. S. JHAVERI, J.]
Pravin/*
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