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SANDEEP V. MARNE
Zensar Technologies Limited – Appellant
Versus
Regional Provident Fund Commissioner-I Pune – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1. This Writ Petition is filed invoking jurisdiction of this Court under Article 226 of the Constitution of India to set up a challenge to the order dated 31 May 2024 passed by the Regional Provident Fund Commissioner-I, Pune under provisions of Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (the Act). Upon being queried as to why the Petitioner has directly approached this Court challenging order passed under Sections 7A of the Act despite availability of remedy of appeal, Ms. Doshi, the learned counsel appearing for Petitioner would submit that Petitioner filed an application for review of order dated 31 May 2024 before the Regional Provident Fund Commissioner, Pune under provisions of Section 7B of the Act and that the Review Application has been rejected by order dated 6 August 2024. She would invite my attention sub-section (5) of Section 7B of the Act in support of her contention that the order passed in Review Petition under Section 7B is not appealable and that since no appeal can be filed against order dated 6 August 2024, Petitioner is left if no other remedy than to invoke writ jurisdiction of this Court un
The rejection of a review application does not eliminate the right to appeal against the original order under Section 7A of the Act.
The main legal point established is that orders passed under Section 7-A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 are appealable under Section 7-I, and the power of re....
The court emphasized that review applications under the Act must afford an opportunity for hearing to the aggrieved party, reinforcing principles of natural justice.
The right to appeal under the Employees Provident Fund Act is strictly governed by statute and does not extend to orders made under Sections 8B to 8G, as recognized by the court.
The Appellate Tribunal acted without jurisdiction by entertaining an appeal barred by limitation, and mens rea is not required for civil liabilities.
Jurisdictional limitations must be strictly observed, as appellate tribunals cannot entertain appeals filed beyond statutory time limits, reinforcing the necessity for procedural compliance in civil ....
Establishes that failure to challenge a subsequent order limits the relief available in writ petitions under employment-related statutes.
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