MAHESWAR GHANA v. UNION OF INDIA
Court: High Court of Orissa
Bench: MR. JUSTICE BIRAJA PRASANNA SATAPATHY
Judgment date:
Case summary
High Court of Orissa judgment dated 2026-04-08. MAHESWAR GHANA v. UNION OF INDIA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK W. P. (C) No. 10365 of 2026 Maheswar Ghana …. Petitioner Mr. B. P. Panda, Advocate -versus- Union of India and Others …. Opp. Parties Mr. S. S. Mohanty, Advocate for EPFO CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 08. 04. 2026 Order No 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. At the outset, learned counsel appearing for the EPFO contended that the impugned order being an appealable one, no writ petition is maintainable. It is further contended that against the order passed under Section-7-A of the Act, since no appeal was filed, impugned notice under Section-8-F of the Act has been issued under Annexure-1. 4. At this point of time, learned counsel for the petitioner contended that since the order passed under // 2 // Section-7-A was never provided to the petitioner, he could not file the appeal.
It is also contended that petitioner is ready and willing to file the appeal, if the order in question so passed under Section-7-A of the Act will be provided to him. 5. At this point of time, learned counsel appearing for the EPFO provided the order passed under Section-7-A of the Act to the petitioner in Court. 6. Learned counsel for the petitioner accordingly contended that he may be permitted to move the appellate authority by filing an appeal along with an interim application within a period of 8 (eight) weeks hence. It is further contended that till consideration of the interim application, petitioner be protected. 7. Having heard learned counsel for the parties and considering the submissions made, this Court while disposing the Writ Petition, permits the petitioner to move the Appellate Authority by filing an appropriate appeal along with an interim application on or before 08. 05. 2026.
It is observed that if any such appeal will be filed within the aforesaid time period along with an interim application, the appellate authority shall entertain the appeal without insisting on any delay, if any, and pass appropriate order on the interim application on or before 22. 05. 2026. // 3 // 7. 1 It is further observed that order passed under Section-7-A of the Act, so provided to the learned counsel for the petitioner by the learned counsel appearing for the EPFO in Court can be utilized by him while filing the appeal. However, till 22. 05. 2026, no coercive action be taken against the petitioner. 8. The Writ Petition stands disposed of accordingly. (Biraja Prasanna Satapathy) Judge Basudev
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