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2005 Supreme(Del) 764

SANJAY KISHAN KAUL
ASSISTANT REGIONAL PROVIDENT FUND COMMISSIONER, MEERUT – Appellant
Versus
EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL – Respondent


Advocates Appeared:
A.P.DHAMIJA, Kailash Gambhir, R.C.CHAWLA, S.K.TANEJA, T.K.TIWARI

B. C. PATEL, CJ

( 1 ) ASSISTANT Regional Provident Fund Commissioner, Meerut has filed writ petition No. 4544 of 1999 under Articles 226/227 of the Constitution of India, inter alia, praying for issuance of writ of certiorari or mandamus or any other order or direction, quashing the order dated 4. 6. 1999 made by Employees Provident Fund Appellate tribunal on 10. 7. 1998 under Section 7 (A) of the Employees provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act ).

( 2 ) SHREE Shyamkamal Industries Pvt. Ltd. (hereinafter referred to as the Company) has filed Civil Writ no. 16324 of 2004, inter alia , praying to declare the provisions contained in Rule 7 (2) of the Employees provident Fund Appellate Tribunal (Procedure) Rules, 1977 (hereinafter referred to as the Rules) as ultra vires being in contravention of the provision contained in Section 7-1 (2) of the Act and to hold that the provision contained in Section 5 of the Limitation Act is applicable to the Tribunal for the purpose of condonation of delay.

( 3 ) IN the petition filed by the Assistant Regional provident Fund Commissioner, respondent No. 3 is the petitioner in writ petition No. 16324




























































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