M/S. KHEMKA ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed for issuance of a writ of certiorari for quashing of the order dated 14.09.2011 in A.T.A. No.191 (3) of 2010 whereby the Presiding Officer of the Employees Provident Fund Appellate Tribunal, New Delhi has rejected the appeal of the petitioner for quashing of the order dated 11.03.2010 passed by the Regional Provident Fund Commissioner, Bhagalpur.

(2.) The facts of the case are not in dispute. By order dated 24.03.2005 passed in Case No.600 of 2005 by the Assistant Commissioner, Employees Provident Fund, Bhagalpur, the petitioner had been held to be covered by the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short 'the Act') and it had been directed accordingly for complying with the requirements under 'the Act' within seven days.

(3.) Being aggrieved by the aforesaid order dated 24.02005, the petitioner filed a writ petition before this Court vide C.W.J.C. No.10113 of 2005. This Court vide order dated 10.01.2006 disposed of the writ petition directing the petitioner at the first instance to file an appeal before the Appellate Tribunal under 'the Act' within three weeks and the Appellate Tribunal was directed to consider the desirability of disposing of the appeal on merits after condoning the delay if any. 4.