DENISH INDUSTRIES LTD Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) WE have heard Mr.H.D.Vasavada, holding brief of Mr.P.J.Mehta appearing for the appellant. This Letters Patent Appeal has been filed challenging the order of the learned Single Judge dated 26.9.2012 passed in Special Civil Application No.12395 of 2012 by which the writ petition has been dismissed.

(2.) LEARNED counsel for the appellant has urged that in view of section 26-B of the Employees Provident Fund Scheme, 1952, it should be identified as to who are beneficiaries of the employees provident fund and only those disputes can be decided by the Employees Provident Fund. Therefore, the appellant should be heard on the question of beneficiary and who are actual beneficiaries. This inquiry under section 26B of the Scheme has to take place prior to the proceedings are decided under section 7A of the Act. In this case, no such objection was taken by the appellant prior to the order was passed under section 7A of the Act. Thereafter, the appellant challenged the order under section 7A as well as the order passed in review before the Tribunal. The Tribunal also dismissed the case filed by the appellant. Thereafter, the order of the Tribunal as well as the order passed under section 7A were challenged by means of Special Civil Application no.4547 of 2011 which was withdrawn by the appellant without any liberty to file a fresh writ petition or challenge the orders in appropriate proceedings. After these orders became final, the appellant has filed the writ petition before the learned Single Judge claiming that the inquiry under section 26B be held. The learned Single Judge has has given its consideration in paragraphs 11 and 12 and has rejected the claim of the appellant. We reproduce paragraphs 11 and 12 wherein the learned Single Judge has recorded his findings as under:

(3.) FOR the aforesaid reasons, we do not find any merits in this Appeal. This Appeal fails and is accordingly dismissed. As a consequence, Civil Application is also dismissed.