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2022 DIGILAW 1285 (KAR)

Ram Computers v. Regional Provident Fund, Epfo

2022-09-27

M.I.ARUN

body2022
JUDGMENT 1. The petitioner is a man power supply Agency/Contractor, registered under the provisions of Shops and Establishment Act. It is also covered under the provisions of the Employees Provident Fund and Misc. Provisions Act, 1952 (hereinafter referred to as 'the EPF Act', for short). On the ground that it defaulted in payment of its contribution to the provident fund of its employees, proceedings were initiated against the petitioner and an order as contemplated under Sec. 14(B) of the EPF Act, has been passed by the respondent and an order of attachment attaching its account in Union Bank of India and Canara Bank has been passed. Aggrieved by the same, the instant writ petition is filed. 2. The impugned order of attachment of Bank Account is appealable order under Sec. 7I of the EPF Act. However, it is submitted that the jurisdictional CGIT is vacant and hence the instant writ petition is filed. 3. The learned counsel for respondent submits that the Presiding Officer is likely to be appointed to the CGIT in the near future and he fairly submits that the writ petition can be disposed of by giving liberty to the petitioner to approach CGIT within a period of two months after appointment of the Presiding Officer and an interim protection can be given to the petitioner by staying the impugned order of attachment till such time. His submission is placed on record. Hence the following order: ORDER i. The petitioner is given liberty to approach the jurisdictional CGIT within two months after appointment of the Presiding Officer and challenge the impugned order. ii. The operation of the impugned order dtd. 20/7/2022 bearing No.GB/HBL/Penal Damages/63363/2022-23/257/309 passed by the respondent vide Annexure-C to the writ petition is stayed till such date. iii. It is made clear that, if the petitioner fails to approach CGIT within two months from the date of appointment of the Presiding Officer and obtain necessary orders, respondent Authority is at liberty to proceed against the petitioner. iv. Writ petition is disposed of accordingly.