Swadesh Prakashan (Gwalior) Pvt. Ltd. v. Employees Provident Fund
2019-11-27
G.S.AHLUWALIA
body2019
DigiLaw.ai
This petition under Article 226/227 of the Constitution of India, has been filed seeking the following relief:- “(i) The impugned order dated 14.10.2019 (Annexure P/1) passed by the CGIT, Jabalpur /Respondent No. 4 in Appeal No. EPFA/43/2017 (converted from old Appeal No. ATA 119 (8) / 2012) may kindly be set-aside and the case may kindly be ordered to be transferred to the CGIT, Lucknow in view of territorial jurisdiction engraved in the Notification dated 23.06.2017 (Annexure – P/3) and it may also be directed that the case pertaining to old Appeal No.ATA 119 (8) / 2012 will be restored in its original position as existed on the date of passing of Finance Act, 2017 and/or (ii) Impugned order dated 14.10.2019 (Annexure – P/1) may kindly be set-aside and the case may kindly be ordered to restored at CGIT, Lucknow in view of notification dated 23.06.2017 (Annexure – P/3) and/or (iii) Any other relief in favour of the petitioner may also be granted, if the facts and circumstances of the case permit in the interest of justice and the cost of this petition may kindly be ordered to be awarded to the Petitioner.” It is submitted by the counsel for the petitioner that as per circular dated 23.06.2017, Gwalior falls within the territorial jurisdiction of Lucknow Bench of CGIT and the case of the petitioner also arises from Gwalior District. Accordingly, the file should have been sent to Lucknow Bench of CGIT, but it appears that by mistake the file was sent to Jabalpur Bench of CGIT. Thus, Jabalpur Bench of CGIT has no jurisdiction to try the case. However, by the impugned order dated 14.10.2019 Jabalpur Bench of CGIT has dismissed the case No. CGIT/LC/EPFA/43/2017 for want of prosecution. It is further submitted that by circular dated 17.10.2019, the Presiding Officer of CGIT-cum-Labour Court, Jabalpur has been given the additional charge of the post of Presiding Officer, CGIT-cum-Labour Court, Lucknow and the Presiding Officer has been directed to fix suitable time frame for holding the sitting at CGIT-cum-Labour Court, Lucknow to dispose of the matters, which are considered to be important and of necessary in nature.
It is submitted that till 14.10.2019 Jabalpur Bench of CGIT had no jurisdiction to decide the matter and further even after circular dated 17.10.2019, the Jabalpur Bench of CGIT would not get any jurisdiction, but only the Presiding Judge of CGIT-cum-Labour Court has been given the additional charge to decide the cases, which are pending before the CGIT-cum-Labour Court, Lucknow and, accordingly, it is submitted that the impugned order dated 14.10.2019 passed by Jabalpur Bench of CGIT is without jurisdiction and the matter is liable to be remanded back to the appropriate Bench for its adjudication. Counsel for the respondents No. 1 to 3 fairly conceded that on 14.10.2019, Jabalpur Bench of CGIT-cum-Labour Court had no territorial jurisdiction to decide the matter of the petitioner because it falls within the territorial jurisdiction of CGIT-cum-Labour Court, Lucknow. In view of the undisputed fact that case in hand should have been decided by the CGIT-cum-Labour Court, Lucknow, therefore, it is held that the order dated 14.10.2019 passed in Case No. CGIT/LC/EPFA/43/2017 is without jurisdiction and is hereby set aside. The matter is restored back to its original file. CGIT-cum-Labour Court, Jabalpur is directed to transfer the matter to CGIT-cum-Labour Court, Lucknow. Since the Presiding Officer of CGIT-cum-Labour Court, Jabalpur has been given the additional charge of CGIT-cum-Labour Court, Lucknow, therefore, the parties are directed to appear before the CGIT-cum-Labour Court, Lucknow on 16.12.2019. It is expected that Presiding Judge of CGIT-cum-Labour Court, Jabalpur would hold the sitting and if for any reason the sitting does not take place in CGIT-cum-Labour Court, Lucknow on 16.12.2019, then the CGIT-cum-Labour Court, Lucknow is directed to communicate the next date of hearing through email or any recognized mode to the petitioner as well as to Shri D.K. Agrawal, who is the counsel for the petitioner. The petitioner is also directed to furnish the email address. With aforesaid observation, the petition is finally disposed of.