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2020 DIGILAW 168 (MAD)

G4S Secure Solutions (India) Private Limited v. Regional Provident Fund Commission

2020-01-23

K.RAVICHANDRABAABU

body2020
ORDER : K. Ravichandrabaabu, J. 1. Mr. C. Kulanthaivel, learned counsel takes notice for the respondent. Since the issue involved in this writ petition lies in a narrow compass, this Court is inclined to take up the main writ petition itself for disposal at the admission stage. 2. The challenge made in this writ petition is against the order of the respondent dated 02.01.2020 only insofar as the direction issued in the said order to comply with the same within 15 days of receipt of the said order, also with an indication that the failure to do so, would result in proceeding to recover the arrears in the manner specified under Section 8B to 8G of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. 3. Heard Mr. S. Ravindran, learned Senior Counsel appearing for the petitioner and Mr. C. Kulanthaivel, learned counsel appearing for the respondent. 4. The petitioner suffered an order dated 02.01.2020 (impugned in this writ petition), passed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, determining the dues for the period from 04/2011 to 03/2018 in respect of omitted wages. The respondent passed the said order and determined the total liability of Rs. 6,63,71,113/-. In the said order itself, the respondent informed the petitioner that if they failed to comply with the above order within 15 days of the receipt of the said order, action will be initiated to recover the arrears in the manner specified under Section 8B to 8G of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Admittedly, the said order of the respondent is an appealable one before the concerned Tribunal. There is no dispute to the fact that the appeal time is not yet over. 5. On the other hand, it is submitted by the learned Senior Counsel appearing for the petitioner that the petitioner is filing the statutory appeal along with the stay and waiver petitions before the Tribunal today. 6. Under such circumstances, the grievance of the petitioner before this Court, in this writ petition, is only against the direction issued by the respondent for remittance of the dues within 15 days. 6. Under such circumstances, the grievance of the petitioner before this Court, in this writ petition, is only against the direction issued by the respondent for remittance of the dues within 15 days. In other words, it is the contention of the petitioner that when the appeal time is yet to over and the petitioner is entitled to approach the Appellate Authority and seek for interim relief as well as against the said demand, the respondent is not justified in directing the petitioner to pay the same, within 15 days from the date of receipt of the said order. 7. I find force in the above submissions made by the learned Senior Counsel appearing on behalf of the petitioner. When a statutory appellate remedy is provided and time limit is also fixed for filing such appeal, even before the expiry of such time limit, insisting for the payment of the disputed dues within a shorter time, would defeat the very purpose of filing the appeal and seeking interim relief. Therefore, in all fairness, the authority, who passed the order, should wait till the appeal time is over for enforcing the demand made in the said order. At the same time, it is made clear that this Court by expressing so, is not indicating that the petitioner herein has made out a case for granting any interim relief as against the impugned demand, since it is for the said Appellate Tribunal to consider and decide such interim application. 8. Considering the submissions made by the learned Senior Counsel for the petitioner that the appeal is being filed today, along with stay and waiver petitions, this Court is of the view that pending an order to be passed in the stay and waiver petitions by the Tribunal, the respondent shall not take any coercive steps against the petitioner to recover the arrears as demanded in the order dated 2.1.2020. If the appeal is filed today, as stated be-fore this Court, the stay and waiver petitions along with appeal shall be taken up by the Tribunal and decided on merits and in accordance with law, within a period of 15 days, if the same is in order. If the appeal is filed today, as stated be-fore this Court, the stay and waiver petitions along with appeal shall be taken up by the Tribunal and decided on merits and in accordance with law, within a period of 15 days, if the same is in order. If the appeal filed along with stay and waiver petitions are not in order and returned by the Tribunal for some reasons and the same are not represented within the appeal time, it is open to the respondent to proceed against the petitioner to recover the amount due after the expiry of the appeal time. 9. With the above observations and directions, this Writ Petition is disposed of, accordingly. No costs. Consequently, connected miscellaneous petition is closed.