IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No. 1518 of 2010 (O&M) Date of Decision: November 10, 2010 M/s Herman Milkfoods Ltd. …Appellant Versus Union of India and others …Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Mansur Ali, Advocate, for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The instant appeal filed under Clause X of the Letters Patent by the establishment of M/s Herman Milkfoods Limited is directed against judgment dated 7.9.2010 rendered by the learned Single Judge of this Court while dismissing their writ petition. Before the Writ Court challenge was mounted to the determination of the Employees’ Provident Fund under Section 7A of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, vide order dated 15.4.2005. Learned Single Judge apart from other things have non-suited the appellant on the ground that the writ petition was preferred after more than four years and it suffers from delay and laches. Having heard learned counsel we are of the view that there is un- explained delay and laches. Even for filing a civil suit a limitation of three years has been provided, which has been read into for preferring writ petition. For the aforesaid view reliance may be placed on the judgment of Hon’ble the Supreme Court rendered in the case of State of M.P. v. Bhailal Bhai, AIR 1964 SC 1006. There is, thus, no merit in the instant appeal. Dismissed. (M.M. KUMAR) JUDGE (RITU BAHRI) November 10, 2010 JUDGE Pkapoor 2