AMERICAN EXPRESS BAKERY Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) Heard. The petitioner is aggrieved and dissatisfied with the order passed under section 7-A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 dated 23rd March, 2011 and a rejection of the review application on 9th May, 2011.

(2.) Mr. Naidu has invited my attention to the memo of the review application which is at page 49 of the petition paper book (Annexure I) and he submits that it is quite elaborate, containing the grounds seeking review and proper explanations therefore. It is also in the form of petition setting out the facts para-wise. In such circumstances and when it is accompanied with the necessary documents, the rejection thereof only for alleged non compliance with certain forms prescribed by the scheme is improper and incorrect. He submits that the review application mentions elaborate grounds to seek review of the order dated 23rd March, 2011 and particularly when it denies certain adjustments. It is also vitiated by certain arrears which are highlighted in the application.

(3.) In such circumstances, this is not an order against which any appeal could have been preferred before the Appellate Tribunal. For all these reasons, the petition should be entertained despite the objection to its maintainability raised by the department.