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SCA/5815/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5815 of 2009
=========================================================
M/S
DURGA METALS - Petitioner(s)
Versus
COMMISSIONER
OF PROVIDENT FUND & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PH PATHAK for
Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
2.
MR NIRAL R MEHTA for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 10/03/2010
ORAL
ORDER
Heard
learned Advocate MR. PH Pathak for petitioner and learned Advocate
Mr.Niral R. Mehta for respondents.
In
this petition, petitioner is challenging order passed by PF
Authority under section 7B, annexure B dated 4th January,
2005. Respondent PF Authority has filed affidavit in reply on behalf
of respondent No.1 and 2 and contention is raised before this Court
that present petition is not maintainable as petitioner is having
alternative efficacious statutory remedy of appeal under section 7I
of PF Act. Considering aforesaid contention of respondent and review
application under section 7B of PF Act is also not filed in time,
within limitation of 45 days as prescribed under the Act, therefore,
7A order has become final, dated 4th January, 2006 read
with 9th January, 2006 and 28th February,
2006, therefore, only on the ground that petitioner is having
alternative efficacious statutory remedy of appeal under section 7I
of Act, this petition is not entertained by this court and,
therefore, this petition is disposed of without expressing any
opinion on merits of matter.
(H.K.
Rathod,J.)
Vyas
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