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le s-16.
HIGH COURT OF DELHI
W.P.(C) 662412010 & C.M.Appln. No. 13098/2010
TOPS DE,TECTIVE, AND SECURITY SERVICES LTD..... Petitioner
Through Mr. Rajiv Shukla and Ms. Sneha Mukherjee, Advs.
VETSUS
CENTRAL PROVIDENT FLIND COMMISSIONER & ANR
Through ..... Respondents Mr. A.P. Sinha, Adv.
HIGH COURT OF DELHI
W.P.(C) 662412010 & C.M.Appln. No. 13098/2010
TOPS DE,TECTIVE, AND SECURITY SERVICES LTD..... Petitioner
Through Mr. Rajiv Shukla and Ms. Sneha Mukherjee, Advs.
VETSUS
CENTRAL PROVIDENT FLIND COMMISSIONER & ANR
Through ..... Respondents Mr. A.P. Sinha, Adv.
CORAM:
HON'BLE MR. JUSTICB VIPIN SANGHI
03.0s.2013 The petitioner has preferred the present writ petition to assail the order dated 22.07.2010 passed by the EPF, Appellate Tribunal at its Camp
- Hcaring at Cuddapah in A.T'.A. No.83(13) 2009, whereby the appeal has p
- l^,. been dismissed by the Appellate Tribunal in the absence of the representative of the petitioner (appellant).
The submission of leaned counsel for the petitioner is that even though no consent was obtained from the petitioner for holding the hearing of the appeal at the Camp Hearing at Cuddapah, the appeal was heard in the absence of the petitioner's representative and disposed of.
Learned counsel for the petitioner has drawn the attention of the Court to the
03.0s.2013 The petitioner has preferred the present writ petition to assail the order dated 22.07.2010 passed by the EPF, Appellate Tribunal at its Camp
- Hcaring at Cuddapah in A.T'.A. No.83(13) 2009, whereby the appeal has p
- l^,. been dismissed by the Appellate Tribunal in the absence of the representative of the petitioner (appellant).
The submission of leaned counsel for the petitioner is that even though no consent was obtained from the petitioner for holding the hearing of the appeal at the Camp Hearing at Cuddapah, the appeal was heard in the absence of the petitioner's representative and disposed of.
Learned counsel for the petitioner has drawn the attention of the Court to the
ORDER
of this Court in W.P.(C) No.123512010 titled Xavier
{ o/o 2013:DHC:7211 I t1 t/ Institute of Social Service v. Employees Provident Fund Appellate &
Others, decided on 2nd March, 2010, followed in W.P.(C) 100/2011 titled B.
Mansukhtal And Company v. Employees Provident Fund Organization
Antt Ors., decided on 10.01.2011, to submit that this Court has held that the consent of the appellant should be taken before the hearing is fixed before the Tribunal at a Camp Hearing. That having been done, the Appellate
Tribunal was not justified in proceeding to decide the appeal on merits.
I find force in the submission. Parties are entitled to be heard on their appeal before an order is passed on merits.
Accordingly, the impugned order is set aside and the appeal is restored to its original number before the Appellate Tribunal. The appeal shall now be heard and decided by the Appellate Tribunal, without in any way being influenced by its observations made in the impugned order, which stands set aside.
The petitioner to appear before the Appellate Tribunal on 27.05.2013 for hearing in the matter.
Petition stands disposed of with the aforesaid'
Dasti.
VIPIN SANGHI, J.
MAY 03,2013 rb 2013:DHC:7211
{ o/o 2013:DHC:7211 I t1 t/ Institute of Social Service v. Employees Provident Fund Appellate &
Others, decided on 2nd March, 2010, followed in W.P.(C) 100/2011 titled B.
Mansukhtal And Company v. Employees Provident Fund Organization
Antt Ors., decided on 10.01.2011, to submit that this Court has held that the consent of the appellant should be taken before the hearing is fixed before the Tribunal at a Camp Hearing. That having been done, the Appellate
Tribunal was not justified in proceeding to decide the appeal on merits.
I find force in the submission. Parties are entitled to be heard on their appeal before an order is passed on merits.
Accordingly, the impugned order is set aside and the appeal is restored to its original number before the Appellate Tribunal. The appeal shall now be heard and decided by the Appellate Tribunal, without in any way being influenced by its observations made in the impugned order, which stands set aside.
The petitioner to appear before the Appellate Tribunal on 27.05.2013 for hearing in the matter.
Petition stands disposed of with the aforesaid'
Dasti.
VIPIN SANGHI, J.
MAY 03,2013 rb 2013:DHC:7211