U.P. Jal Nigam (Urban), Thru. Its ... vs Devi Prasad Mishra
2023 Latest Caselaw 16638 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:36927-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 327 of 2023
 

 
Appellant :- U.P. Jal Nigam (Urban), Thru. Its Chairman, Lko. And Others
 
Respondent :- Devi Prasad Mishra
 
Counsel for Appellant :- Rishabh Kapoor
 
Counsel for Respondent :- Savita Jain
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Om Prakash Shukla,J.

Having heard learned counsel for the parties and perused the averments made in the affidavit filed in support of the application seeking condonation of delay, we are satisfied that delay in preferring the special appeal has sufficiently been explained.

Accordingly, application is allowed and the delay is hereby condoned.

Under challenge in this special appeal is an order dated 07.02.2023 passed by learned Single Judge whereby Writ-A No.330 of 2023 filed by the respondent-petitioner has been allowed and the appellants-respondents have been directed to give the benefit of the judgment and order passed in the case of Anurag Mehrotra vs. State of U.P. and others, Writ-A No.33425 of 2019, decided on 24.12.2021.

Submission of learned counsel for appellants is that in fact though opportunity to file counter affidavit was granted to the appellants-respondents in the proceedings of the writ petition, however, for certain reasons, the same could not be filed and accordingly, provisions of Ordinance No.6 of 2022 known as 'General Provident Fund (U.P.) Rules, 1985 (Amendment and Validation) Ordinance, 2022' could not be brought to the notice of learned Single Judge whereby Rule 12 of the General Provident Fund Rules was omitted with effect from a retrospective date i.e. 01.04.1986.

In view of the aforesaid, without entering into merit of the claim of the respective parties, we allow the special appeal and set-aside the order dated 07.02.2023 passed by learned Single Judge. Writ-A No.330 of 2023 is restored on the board of learned Single Judge. The appellants shall file counter affidavit in the writ petition within a maximum period of two weeks from today after serving copy thereof to learned counsel for respondent-petitioner, who shall file rejoinder affidavit, if any, within next two weeks from the date of receipt of counter affidavit.

We request learned Single Judge to expedite the proceedings of Writ-A No.330 of 2023 and conclude the same as early as possible.

Order Date :- 24.5.2023

Renu/-