Present: Mr. Arjun Sheoran Advocate Vs. M/S Clutch Auto Limited ...Petitioner - Court Judgment

SooperKanoon Citationsooperkanoon.com/1055968
CourtPunjab and Haryana High Court
Decided OnApr-25-2013
AppellantPresent: Mr. Arjun Sheoran Advocate
RespondentM/S Clutch Auto Limited ...Petitioner
Excerpt:
c.w.p.no.8612 of 201.-1- in the high court of punjab and haryana at chandigarh ***** c.w.p.no.8612 of 201.date of decision :25. 04.2013 m/s clutch auto limited ...petitioner versus union of india and others ...respondents coram: hon’ble mr.justice rajiv narain raina present: mr.arjun sheoran, advocate, for the petitioner.”1. to be referred to the reporters or not?.”2. whether the judgment should be reported in the digest?. rajiv narain raina, j. (oral) learned counsel for the petitioner submits that an appeal has been preferred before the employees' provident fund appellate tribunal, new delhi, against the orders passed by the authorities under the employees' provident fund and miscellaneous provisions act, 1952 (in short 'the act').it is stated that notice has been issued on that appeal with a direction to the petitioner to deposit 75% of the amount determined under section 7a and 14b of the act. the matter has been adjourned by the appellate tribunal to 05.09.2013. the plea taken in this petition is that the petitioner-company has paid excess amount to the regional provident fund commissioner towards the subject matter proceedings and that they should be refunded. the issue of excess payment or refund is not within the jurisdiction of this court or writ proceedings in the face of the appeal pending before the employees' provident fund appellate tribunal, new delhi. in view of this position, no orders are called for by this court as the appellate authority is seized of the matter. in case, the petitioner has a claim for refund on account of excess payment, it would be open to c.w.p.no.8612 of 201.-2- the petitioner-company to redress his grievance in appeal and to pray for such orders as may be required for consideration on this issue. pleas taken in this petition are open to be pressed in appeal. disposed of in the above terms.25.04.2013 (rajiv narain raina) adhikari judge
Judgment:

C.W.P.No.8612 OF 201.-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** C.W.P.No.8612 OF 201.DATE OF DECISION :

25. 04.2013 M/s Clutch Auto Limited ...Petitioner Versus Union of India and others ...Respondents CORAM: HON’BLE Mr.JUSTICE RAJIV NARAIN RAINA Present: Mr.Arjun Sheoran, Advocate, for the petitioner.”

1. To be referred to the Reporters or not?.”

2. Whether the judgment should be reported in the Digest?.

RAJIV NARAIN RAINA, J.

(ORAL) Learned counsel for the petitioner submits that an appeal has been preferred before the Employees' Provident Fund Appellate Tribunal, New Delhi, against the orders passed by the authorities under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (in short 'the Act').It is stated that notice has been issued on that appeal with a direction to the petitioner to deposit 75% of the amount determined under Section 7A and 14B of the Act.

The matter has been adjourned by the Appellate Tribunal to 05.09.2013.

The plea taken in this petition is that the petitioner-Company has paid excess amount to the Regional Provident Fund Commissioner towards the subject matter proceedings and that they should be refunded.

The issue of excess payment or refund is not within the jurisdiction of this Court or writ proceedings in the face of the appeal pending before the Employees' Provident Fund Appellate Tribunal, New Delhi.

In view of this position, no orders are called for by this Court as the Appellate Authority is seized of the matter.

In case, the petitioner has a claim for refund on account of excess payment, it would be open to C.W.P.No.8612 OF 201.-2- the petitioner-Company to redress his grievance in appeal and to pray for such orders as may be required for consideration on this issue.

Pleas taken in this petition are open to be pressed in appeal.

Disposed of in the above terMs.25.04.2013 (RAJIV NARAIN RAINA) adhikari JUDGE