Cochin Frozen Food Exports Private Limited v. Regional Provident Fund Commissioner and Recovery Officer
2019-11-13
S.V.BHATTI
body2019
DigiLaw.ai
JUDGMENT : S.V. BHATTI, J.:— The petitioner aggrieved by the order dated 04/06/2015 has filed appeal before the Employees Provident Funds Appellate Tribunal, Vijayalakshmi Nagar, New Delhi. The petitioner, filed application praying for complete waiver of pre-deposit of the amount determined by order dated 04/06/2015. The appeal as well as the said application could not be taken up but by order dated 12/04/2016 the Tribunal at Delhi observed as follows:— “The present appeal filed by application under section 74 of the Employees Provident Fund & Miscellaneous Provisions Act 1952 (here-in-after shall referred as ‘the Act’) against the order dated 04.06.2015 (in short impugned order) passed by the respondent. Keeping in view case law titled as Tasty Nut Industries v. Union of India, Writ Petition (civil) no. 999 of 2014 decided on 20.03.2015 by Hon'ble Supreme court of India fact that present appeal pertains to notified Southern Tribunal to be situated at Bangalauru and Southern Tribunal not started its functioning, hence appeal is sine-die.” 2. The Counsel appearing for the parties states that upon establishment at Ernakulam, the Tribunal is functioning. The respondents in the interregnum have issued Exts.P3. Petitioner challenges Ext. P3. After perusing Exts.P1 and P2 and also taking note of the fact that the remedy of appeal against determination of PF contribution is being worked out, I am not proposing to examine the merits canvassed by the petitioner. To meet the ends of Justice and also to enable the petitioner to canvass appeal in Ext. P2, effectively the Writ Petition is disposed of by this Judgment. (a) The petitioner deposits 25% of the amount determined and demanded in Ext. P1 within four weeks from today. (b) Ext. P3 is suspended during the pendency of the appeal. (c) The amount now deposited by the petitioner is treated as complying with the pre-deposit condition, hence the appeal is taken on file, heard and disposed of in three months from the date of receipt of copy of this Judgment by the Tribunal. (d) The petitioner is directed to file certified copy of Ext. P2 appeal along with copy of this judgment before the Tribunal within four weeks from today.