Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Practice and Procedure – Dismissal of writ petition by unreasoned order |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Practice and Procedure – Dismissal of writ petition byunreasoned order – Propriety of – Appellant issued summons to therespondent for non-payment of the Provident Fund contribution inthe year 2005-2006 and ordered the respondent to pay inter aliadamages for the delayed payments – Respondent filed appeal, whichwas allowed by Employees Provident Fund Tribunal – Appellantfiled writ petition, which was dismissed by Division Bench of theHigh Court – On appeal, held: Division Bench dismissed the writpetition cursorily without dealing with any of the issues arising inthe case as also the arguments urged by the parties in support oftheir case – Only expression used by the Division Bench in disposingof the writ petition is “on due consideration” – It is not clear as towhat was that due consideration which persuaded the DivisionBench to dispose of the writ petition – Courts need to pass reasonedorder in every case containing facts, issues arising in the case,submissions urged by the parties, legal principles applicable to theissues involved and the reasons in support of the findings on all theissues arising in the case – Division Bench failed to keep theseprinciples in mind, causing prejudice to the parties – Impugnedorder set aside – Matter remanded to the Division Bench for decidingthe writ petition on merits – Employees Provident Fund andMiscellaneous Provisions Act, 1952 – ss.7A, 7C, 7Q and 14B. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 643 |
Petitioner | Central Board Of Trustees |
Respondent | M/s Indore Composite Pvt. Ltd. |
SCR | [2018] 7 S.C.R. 1130 |
Judgement Date | 2018-07-26 |
Case Number | 7240 |
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