Allahabad High Court
U.P. Sabhi Ke Liye Shiksha ... vs U.O.I. Thru. Secy. Ministry Of ... on 13 July, 2021
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- MISC. SINGLE No. - 13270 of 2020
Petitioner :- U.P. Sabhi Ke Liye Shiksha Pariyojna Parishad Thru. State Pr
Respondent :- U.O.I. Thru. Secy. Ministry Of Labour & Employment & Others
Counsel for Petitioner :- Sarvesh Kumar Dubey
Counsel for Respondent :- A.S.G.,Akhilesh Pratap Singh,Onkar Singh,Suchita Singh
Hon'ble Rajnish Kumar,J.
Heard, Shri Sarvesh Kumar Dubey, learned counsel for the petitioner, Ms.Suchita Singh, learned counsel for opposite parties no.2 to 11 and Shri Onkar Singh, Advocate who has filed an application for impleadment through Video Conferencing.
A preliminary objection has been raised by learned counsel for the opposite parties that this writ petition against the impugned order is not maintainable as the petitioner has a remedy of appeal under Section 7-I of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act of 1952).
Learned counsel for the petitioner submitted that this court by means of order dated 25.11.2019 had directed in writ petition No.31114 of 2019; U.P.Sabhi K Liye Shiksha Pariyojna Parishad/S.S.A through Project Director Versus U.O.I. through Secretary Ministry of Labour and Employment, New Delhi and others to the Regional Provident Fund Commissioner, Lucknow to determine the applicability under Section 7-A of the Act of 1952 on the petitioner. The same has been decided by the impugned order dated 28.02.2020, but without considering the pleadings and the judgments cited on behalf of the petitioner the same has been made applicable with effect from 01.04.2015, whereas it is applicable only from 01.04.2019 because it is 60% Central Government funded Scheme and the Central Government is not giving the grant from the said date. He also submitted that accordingly the deposit is being made from 01.04.2019. Therefore appeals have been filed before the Tribunal and the interim orders have been granted.
Having considered the submissions of learned counsel for the parties and gone through the record this court finds that there is a provision of Review of the orders under Section 7-A, under Section 7-B of the Act of 1952 and provision of appeal to Tribunal under Section 7-I. The applicability of the Act on the petitioner has not been disputed by the petitioner and this court had directed to decide the applicability of the Act on the petitioner and if any plea has been taken and not considered and the date of applicability has been decided by the concerned authority against the plea of the petitioner he may avail the remedy of review or may challenge the order in appeal, but this writ petition is not maintainable in view of availability of alternative, statutory and efficacious remedy under the Act of 1952.
In view of above, the writ petition is dismissed on the ground of availability of alternative, statutory and efficacious remedy.
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...................................(Rajnish Kumar,J.)
Order Date :- 13.7.2021
Banswar
