1. The petitioner, Gujarat State Textile Corporation Ltd. has challenged the order dated 4.3.1993 passed by the respondent under section 7-A of the Employees Provident Fund And Miscellaneous Provisions Act, 1952; (Annexure-H to the petition). The petitioner Corporation has relied upon the order passed in Special Civil Application No. 758 of 1993 at Annexure-I to the petition. The petition was heard on 8.4.1993 wherein this Court (Coram : A.P.Ravani & J.M.Panchal, JJ [as they then were]) passed the following order :
"Rule.
To be heard with Spl.C.A. No. 1515/92.
Ad-interim relief in terms of para 10(B)."
2. It appears from the record that the cognate Special Civil Application No. 1515 of 1992 which was ordered to be heard along with present petition came to be disposed of by judgment and order dated 9.10.1997 passed by this Court (Coram : S.K.Keshote, J. [as he then was]). As the alternative remedy by way of filing Appeal to the Tribunal as contemplated under section 7-I is available, the said petition being Special Civil Application No. 1515 of 1992 was disposed of and the very petitioner was directed to resort to such alternative remedy.
3. Mr. B.R.Gupta, learned Counsel appearing for the petitioner however submitted that the petitioner Company has already been wound-up and therefore the petition itself has become infructuous and therefore the petition may kindly be disposed of as having become infructuous.
4. Ms.Rohini Acharya, learned Counsel for the respondent has appeared on behalf of the respondent authority.
5. As noted above, as such the petition even on merits deserves to be dismissed in view of the order passed in Special Civil Application No. 1515 of 1992. However, as per the statement of Mr. Gupta, no useful purpose would be served as the petitioner company is no more in existence.
6. With this observation, the petition is dismissed as having become infructuous. Rule discharged. Ad-interim relief stands vacated with no order as to costs.
Sd/-
(R.M. Chhaya, J.) M.M.BHATT Top