Yachiyo India Manufacturing Pvt. Ltd. v. Central Board of Trustees, Employees Provident Fund
2022-02-28
ASHOK KUMAR GAUR
body2022
DigiLaw.ai
JUDGMENT : 1. This writ petition has been filed by the petitioner challenging the order dated 25.06.2021 passed under Section 14B of the Employees' Provident Fund & Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the EPF Act'). 2. Learned counsel for the petitioner submitted that since the appeal filed by the petitioner before the Central Government Industrial Tribunal (hereinafter referred to as 'the CGIT') was not listed for hearing and as such the petitioner had to approach this Court facing the extra-ordinary situation on recovery being effected against him on account of an order passed under Section 14B of the EPF Act. 3. Learned counsel for the petitioner submitted that now the Appellate Forum is functioning regularly and appeal of the petitioner is also pending since its filing on 26.07.2021. 4. Learned counsel for the petitioner submitted that the alternative remedy available to the petitioner can be availed provided protection granted by this Court on 06.08.2021 may be continued and restraint order of recovery of any amount from the petitioner, may be continued. 5. Learned counsel appearing for the respondent-Mr. Deepak Goyal submitted that in view of proper functioning of the Appellate Forum i.e. the CGIT, this Court may not entertain the present writ petition and can give direction to the Appellate Forum to decide the stay application filed by the petitioner. 6. Learned counsel for the respondent further submitted that the next date before the Appellate Authority is 18.05.2022. 7. Learned counsel for the respondent submitted that this Court can direct the Appellate Authority to fix the matter on early date for deciding the stay application filed by the petitioner. 8. This Court, finds that the appeal preferred by the petitioner is pending before the Appellate Forum and application of interim relief is also filed, challenging the order passed under Section 14B of the EPF Act. 9. This Court, disposes of the present writ petition by directing the petitioner to make submissions before the Appellate Authority on the interim application for grant of stay. 10. The Appellate Authority may prepone the date after informing both the parties and matter may be taken up on priority basis to dispose of the interim application filed by the petitioner. 11. This Court, accordingly directs that the interim order passed by this Court on 06.08.2021 will continue till disposal of the interim application filed by the petitioner before the Appellate Authority. 12.
11. This Court, accordingly directs that the interim order passed by this Court on 06.08.2021 will continue till disposal of the interim application filed by the petitioner before the Appellate Authority. 12. This Court also expects from the Appellate Forum that expeditious hearing may be afforded to both the parties to address on the interim application. 13. Accordingly, the writ petition stands disposed of.