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2022 Supreme(Online)(KER) 41388
HIGH COURT OF KERALA
,
P.VIJAYAKUMAR, – Appellant
Versus
UNION OF INDIA, – Respondent
WP(C)/6056/2022
P.N. MOHANAN, C.P. SABARI, AMRUTHA SURESH, GILROY ROZARIO, JOY THATTIL, ITTOOP, SRI. S. MANU
The judgment outlines the procedural right to appeal under Section 7(I) of the Employees’ Provident Fund and Miscellaneous Provisions Act, alongside the exclusion of litigation time from limitation calculations.
Headnote:
Appeal - Employment - Employees’ Provident Fund and Miscellaneous Provisions Act - Section 7(I) - The court concluded that the petitioner must appeal against the order of the Regional Provident Fund Commissioner under the mentioned section, with the time spent in court excluded from the limitation period.
Fact of the Case:
The petitioner challenged an order from May 21, 2019, issued by the Regional Provident Fund Commissioner. The court reviewed the appeal options available under Section 7(I) of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952.
Finding of the Court:
The court determined that the petitioner is entitled to appeal the order and that the time spent in court should not count towards the limitation period for such an appeal.
Issues: Whether the petitioner has the right to appeal against the order dated 21.05.2019 and the implications of the time spent in litigation on the limitation period.
Ratio Decidendi: The court held that under Section 7(I) of the Employees’ Provident Fund and Miscellaneous Provisions Act, the petitioner must pursue an appeal and the duration of the ongoing litigation would not affect the filing period for the appeal.
Final Decision: The writ petition is disposed of, allowing the petitioner to appeal.
JUDGMENT
Against the order dated 21.05.2019 Ext.P15 petitioner has the remedy to prefer an appeal under Section 7 (I) of the Employees’ Provident Fund and Miscellaneous Provisions Act , 1952. The period spent in this Court shall be excluded for the purpose of calculating the limitation. The petitioner is thus relegated to assail the order Ext.P15 dated 21.05.2019 in appeal.
Writ petition is disposed off.
Sd/- AMIT RAWAL JUDGE
Exhibit P2 A TRUE COPY OF THE SRO NO. 258/2003 DATED
24/03/2003 OF THE GOVERNMENT.
Exhibit P3 A TRUE COPY OF THE GO(MS) NO.44/2006 DATED19/06/2006 OF THE GOVERNMENT.
Exhibit P4 A TRUE COPY OF THE ORDER DATED 22/04/2019 OF THE REGIONAL PROVIDENT FUND COMMISSIONER, KOCHI.
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED
04/11/2011 IN WPC NO.6643/2007.
Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED
05/03/2013 IN WA NO.1137/2012.
Exhibit P7 A TRUE COPY OF THE ORDER DATED 31/03/2016 IN SLP NO. 7074/2014.
Exhibit P8 A TRUE COPY OF THE ORDER DATED 23/03/2017 OF THE PROVIDENT FUND COMMISSIONER, NEW DELHI.
Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED
04/03/2014 IN WPC NO.253/2014.
Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED
17/10/2014 IN WA NO.1362/2014.
Exhibit P11 A TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO. 19954/2015.
Exhibit P12 A TRUE COPY OF THE COMMUNICATION DATED
24/09/2020 OF THE EPF ORGANISATION, THIRUVANANTHAPURAM TO THE THIRD RESPONDENT.
Exhibit P13 A TRUE COPY OF THE COMMUNICATION DATED
27/06/2019 OF THE SECOND RESPONDENT TO THE FOURTH RESPONDENT.
Exhibit P14 A TRUE COPY OF THE LETTER DATED
26/02/2020 OF THE FOURTH RESPONDENT.
Exhibit P15 A TRUE COPY OF THE COMMUNICATION DATED
21/05/2019 THE SECOND RESPONDENT TO THE FOURTH RESPONDENT.
Exhibit P16 A TRUE COPY OF THE PENSION PAYMENT ORDER DATED 17/01/2020 ISSUED IN RESPECT OF MR.
SURESHKUMAR P.V.
Exhibit P17 A TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED IN RESPECT OF MR. A. VENUGOPAL.
