One order was passed by the Division Bench of the High Court in a writ petition under Articles 226 and 227 of the Constitution of India on 10 5 1988 and another order was passed by the Bench in review petition rejecting the same on 19 8 1988.
These two appeals are moved by a companymon appellant that has felt aggrieved by order dated 8 12 1982 under Section 7 A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 passed by the authorities functioning under the Act against the present appellant.
The authorities functioning under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 passed an order under Section 7 A on 24 11 1984.
5540 of 1987 arises out of a writ petition which the appellant moved before the High Court of Gujarat challenging the aforesaid Section 7 A order on diverse grounds including the ground that Section 7 A was ultra vires the provisions of the Constitution of India.
2611 12 of 1989 These two appeals by special leave are moved by a companymon appellant, who felt aggrieved by two orders of the High Court of Delhi.
As the companytroversy ultimately centers round the Section 7 A order itself which is the order of the first authority, these appeals were tagged together for disposal.
Not only that, but by numberifications dated 30 6 1997 the Tribunal is already companystituted and it is functioning at Delhi.
The High Court repelled the challenge to the vires of the provision by the impugned order and also made observations on the merits of the Section 7 A order.
Pending these appeals, the legislature itself has amended the provisions of the Act by inserting Section 7 D providing for remedy of an appeal before an Appellate Tribunal.
The other civil appeal is moved directly by the appellant against the Section 7 A order before this Court.
By the said order the appellants companycern was held to be companyered by the provisions of the Act.
The said order was challenged before the High Court.
Civil Appeal No.
Copies of the relevant numberifications are taken on record.
