Mosmetro India (P) Ltd. v. Regional Provident Fund Commissioner-I
2020-02-27
K.RAVICHANDRABAABU
body2020
DigiLaw.ai
ORDER : K. Ravichandrabaabu, J. 1. This writ petition is filed challenging the demand made under Sections 7A, 7Q and 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. 2. It is represented by the learned counsel for the petitioner that during the pendency of this writ petition, based on the affidavit of undertaking given by the petitioner, the petitioner has discharged their liability towards the demand made under Sections 7A and 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. He also submitted that insofar as the demand made under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions act, 1952, is concerned, the petitioner has already approached the Central Government Industrial Tribunal seeking for waiver and the said proceedings are still pending before the concerned authority. Therefore, he submitted that based on the undertaking affidavit filed before this Court to the above effect, the petitioner may be given liberty to work out their remedy before the concerned authority, where their application for waiver against the demand made under Section 14B is pending. 3. The learned counsel for the respondent is not disputing the above submissions made by the petitioner's counsel. 4. In view of the above stated facts and circumstances and without expressing any view on the merits of the claim made by the petitioner, this Writ Petition is disposed of, by granting liberty to the petitioner to work out their remedy before the concerned authority, where they have filed the application seeking for waiver of damages. No costs.