CWP No. 2168 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 2168 of 2009 Date of decision: 09.03.2010 M/s R.K.Trading Rice Mills GT Road ...... PETITIONER VERSUS Regional Provident Fund Commissioner, Punjab and UT, Chandigarh and another ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Ms. Madhu P. Singh, Advocate, for the petitioner. Mr.Sanjay Tangri, Advocate, for the respondents. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Reply to C.M. No. 3320 of 2009 has been filed in Court. The same is taken on record and a copy thereof has been given to the counsel for the petitioner. Counsel for the respondents has stated that the petitioner has an alternative remedy of filing an appeal under Section 7 (I) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act'). The said remedy has not been availed by the petitioner wherein the petitioner would be entitled to take all the grounds, which have been taken in the present writ petition. Counsel for the petitioner states that in view of the peculiar facts and circumstances of the case, the petitioner had to rush to this Court because attachment of the property of the petitioner and issuance of CWP No. 2168 of 2009 2 warrant of arrest of the proprietor of the petitioner was ordered by the Authority. The order effecting recovery and assessment was passed behind the back of the petitioner and, therefore, the petitioner could not file the appeal within the time stipulated. She prays that permission may be granted to the petitioner now to avail of the remedy of appeal under Section 7 (I) of the Act. Counsel for the respondents states that if the said remedy is availed of by the petitioner within a period of 10 days' from today, the same shall be entertained and no objection with regard to the question of delay in preferring the appeal would be taken. I have heard the counsel for the parties and have gone through the records of the case. Keeping in view the peculiar facts and circumstances of the case and also in the light of the fact that an alternative remedy is available to the petitioner to file an appeal under Section 7 (I) of the Act, permission is granted to the petitioner to avail of the said remedy. If the appeal is preferred within a period of 10 days' from today, no objection with regard to the period of limitation for preferring such an appeal shall be taken by the respondents, as undertaken by the counsel for the respondents. The Appellate Authority shall entertain the appeal if it is filed in accordance with law and will not reject the appeal on the ground of limitation. The petition stands disposed of with above observation. Copy of this order be given dasti under the signatures of the Special Secretary of this Court. ( AUGUSTINE GEORGE MASIH ) JUDGE March 09, 2010 pj CWP No. 2168 of 2009 3