M/s Sasaram Bhabua Central Cooperative Bank Limited vs Union of India

Mr. Ashwani Kumar Singh, J. (Oral)—The facts and issues involved in these two cases are common and, hence, they have been taken up together for adjudication.

The petitioner, M/s Sasaram Bhabua Central Co-operative Bank Limited has filed both these applications for quashing the respective orders passed by the Assistant Provident Fund Commissioner under Sections 14-B and 7-Q of the Employees? Provident Funds and Miscellaneous Provisions Act, 1952 (for short "Act") whereby certain amounts have been levied towards damages and interest upon the petitioner under the provisions of the Act and further, for quashing of warrants of attachment of movable property.

A preliminary objection has been raised by the respondents regarding the maintainability of the writ application on account of availability of statutory remedy of appeal as provided under Section 7-I of the Act.

Answering the preliminary objection of the respondents, learned counsel appearing for the petitioner submitted that the orders impugned have been passed in the most arbitrary and mechanical manner without adhering to the provisions of the Act prescribed under the law and hence, the writ applications would be maintainable in law. He submitted that since the matter was earlier entertained by this Court, it would not be proper to remit the matter to the tribunal for adjudication of the issues.

I have heard respective counsels for the parties and perused the record.

The statutory remedy of appeal provided under Section 7-I of the Act stipulates as under :

"7-I. Appeals to Tribunal. - (1) Any person aggrieved by a notification issued by the Central Government, or an order passed by the Central Government or any authority, under the proviso to sub-section (3), or sub-section (4), of section 1, or section 3, or sub-section (1) of section 7-A, or section 7-B [except an order rejecting an application for review referred to in sub-section (5) thereof], or section 7-C, or section 14-B, may prefer an appeal to a Tribunal against such notification or order.

(2) Every appeal under sub-section (1) shall be filed in such form and manner, within such time and be accompanied by such fees, as may be prescribed."

In view of the hierarchy of appeal having been provided in the statute, I am of the considered opinion that the petitioner must exhaust the statutory remedy before approaching this Court under the writ jurisdiction as the remedy provided in a writ jurisdiction is not intended to supersede completely the modes of obtaining relief by statutory remedy before the tribunal.

Accordingly, both the writ applications are disposed of with liberty to the petitioner to prefer appeal before the appellate tribunal for redressal of its grievances.

It is needless to state that this Court has not applied its mind to the merits of the case.

In case of filing the appeal, the tribunal shall also keep in mind that the right of a party should not be frustrated only because the lawyer chose a wrong forum.