ORDER

In CAs Nos. 5540-5541 of 1983.

1. These two appeals are moved by a common appellant that has felt aggrieved by order dated 8-12-1982 under Section 7-A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 passed by the authorities functioning under the Act against the present appellant. Civil Appeal No. 5540 of 1987 arises out of a writ petition which the appellant moved before the High Court of Gujarat challenging the aforesaid Section 7-A order on diverse grounds including the ground that Section 7-A was ultra vires the provisions of the Constitution of India. The High Court repelled the challenge to the vires of the provision by the impugned order and also made observations on the merits of the Section 7-A order. The other civil appeal is moved directly by the appellant against the Section 7-A order before this Court. As the controversy ultimately centres round the Section 7-A order itself which is the order of the first authority, these appeals were tagged together for disposal.

2. Pending these appeals, the legislature itself has amended the provisions of the Act by inserting Section 7-D providing for remedy of an appeal before an Appellate Tribunal. No