LAWS(PAT)-2017-11-211

THE CENTRAL BOARD OF TRUSTEES, EMPLOYEES PROVIDENT FUND ORGANIZATION Vs. DR. MRITUNJAY KUMAR, SON OF LATE TAPASWI KUMAR CHOUDHARY

Decided On November 06, 2017
The Central Board Of Trustees, Employees Provident Fund Organization Appellant
V/S
Dr. Mritunjay Kumar, Son Of Late Tapaswi Kumar Choudhary Respondents

JUDGEMENT

(1.) Seeking exception to an order dated 27.07.2012 passed by the learned Writ Court in CWJC No. 3263 of 2007 this appeal has been filed under Clause 10 of the Letters Patent by the Provident Fund Organization.

(2.) There is an inordinate unexplained delay of more than 967 days in filing of this appeal and we wee no reason to condone the delay.

(3.) That apart, we find that the respondents challenged the order passed by the Provident Fund organization Annexure-A dated 23.05.2006 exercising the manner under Section 7-A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (Hereinafter referred to as the '1952 Act') It was the case of the applicant that 20 or more employees were never employed in the institution and, therefore, the provision of the 1952 Act will not apply to the establishments.