Research › Search › Judgment

High Court of Orissa · body

2011 DAILYLAW 632 (ORI)

M/S BAPUJI WEAVERS C v. ASST.P.FUND COMMNR.

WP(C)/21095/2011 · 2026-02-09

Biraja Prasanna Satapathy

body2011

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C ) NO.21095 OF 2011 M/s. Bapuji Weavers Cooperative Society Ltd. …. Petitioner Mr. D.K.Panda, Adv. -versus- Asst. Provident Fund Commissioner & Others …. Opposite Parties Mr. S.S. Mohanty, Adv. COROM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 09.02.2026 8. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. The present Writ Petition has been filed inter alia challenging the Demand Notice issued by Opp. party No.3 under Annexure-4 wherein the Petitioner was directed to pay a sum of Rs.31,07,147/-. 4. It is contended that even though the Petitioner- society is not coming under the provisions EPF Act, but without proper appreciation, the impugned Demand notice under Annexure-4 has been issued. It is also contended that Petitioner was protected by an interim order passed by this Court on 19.10.2012. 5. Mr.S.S Mohanty, learned counsel appearing for the EPFO, on the other contended that Annexure-4 notice has been issued, as Petitioner never challenged the order passed under Section 7-A of the EPF & MP Act, 1952 so enclosed vide Annexure-C to the counter affidavit. It is contended that such an order was passed on 30.09.2004, by Opp. party No.1. Since the original order passed under Section 7-A of the Act was never assailed by the Petitioner, the Demand notice issued basing on such order under Annexure-4 has been rightly issued. 6. To the submission made by the learned counsel appearing for the Organization, Mr.D.K. Panda, learned counsel for the Petitioner made further submission contending inter alia that Petitioner had no knowledge about such an order passed on 30.09.2004. 6.1. Without being communicated with the order so passed under Annexure-C to the counter affidavit, since the Demand Notice under Annexure-4 was issued, the same was challenged by filing the present Writ Petition. 6.2. However, in course of hearing, it is contended that Petitioner is ready and willing to file the appeal within a period of 4(four) weeks hence against the order passed on 30.09.2004 under Annexure-6. It is also contended that since the matter was kept pending before this Court w.e.f 03.08.2011, delay in filing the appeal be condoned in terms of the provisions contained under Section-14 of the Limitation Act so decided by this Court in its judgment dt.04.07.2017 in W.P.(C ) No.19092 of 2015. 7. Having heard learned counsel appearing for the parties and considering the submission made, this Court while disposing the Writ Petition, permits the Petitioner to file the appeal against the order passed under Seciton- 7-A of the Act vide Annexure-C on or before 13.03.2026. 7.1. It is observed that if any such appeal will be filed within the aforesaid time period along with an application seeking condonation for delay, such delay in filing the application be considered in the light of the judgment dt.04.07.2017 so passed by this Court in WP (C ) No.19092 of 2015. 8. The Writ Petition and the Misc. Case accordingly stand disposed of. (Biraja Prasanna Satapathy) Judge Sangita