C.W.P. No.13108 of 1998 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.13108 of 1998 (O&M) Date of Decision.29.08.2011 The Punjab State Cooperative Supply & Marketing Federation Limited. .....Petitioner Versus Regional Provident Fund Commissioner and others .....Respondents Present: Mr. Rajesh Garg, Advocate for the petitioner. Mr. Kamal Sehgal, Advocate for respondent Nos.1 and 2. None for respondent No.3. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) C.M. No.11237 of 2011 For the reasons stated in the application, delay of 9 days in filing the restoration application is condoned. Application is allowed. C.M. No.11238 of 2011 Notice in application. Mr. Kamal Sehgal, Advocate accepts notice on behalf of respondent Nos.1 and 2. For the reasons stated in the application, order passed by this Court on 05.07.2011 is recalled and the writ petition is restored to its C.W.P. No.13108 of 1998 (O&M) -2- original number. Application is allowed. C.W.P. No.13108 of 1998 1. The writ petition challenges the order passed by the Regional Provident Fund Commissioner passed on 26.03.1998. There is a provision for appeal to the Appellate Tribunal under Section 7(i) of the Provident Funds Act. In my view, it would be appropriate that correctness of the impugned order would be canvassed by an appeal to the Appellate Tribunal and not before this Court. 2. The writ petition is disposed of affording the petitioner opportunity to prefer an appeal to the Appellate Tribunal and if such an appeal is filed, the issue of limitation would not be taken up by the respondents and the matter will be taken up on board and disposed of in accordance with law. 3. With these observations, the writ petition is disposed of. (K. KANNAN) JUDGE August 29, 2011 Pankaj*