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2025 DIGILAW 409 (JHR)

Bharat Safety Glass (P) Limited, Gamharia, Seraikela-kharsawan, Through Its Director, Tulsi Ram Bhalotia v. State of Jharkhand

2025-02-13

RAJESH SHANKAR

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JUDGMENT : Rajesh Shankar, J. The present writ petition has been filed for quashing the order dated12.11.2021 (Annexure-4 to the writ petition) passed by the Presiding Officer, Central Government Industrial Tribunal No.2, Dhanbad in Case No. IT-2/12/2020 whereby the appeal preferred by the petitioner under Section 7-I of the E.P.F. & M.P. Act, 1952 has been dismissed. Further prayer has been made for quashing Order No. RO/JSR/Recovery/JH/12904/2021/466 dated 15.12.2021 (Annexure-6 to the writ petition) whereby the respondent authority has directed the petitioner to pay an amount of Rs.10,90,099/-, which is due to be paid by the petitioner (establishment) under Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 within seven days from the date of the said order. 2. Heard learned counsel for the parties and perused the materials available on record. 3. Earlier the petitioner had preferred a writ petition being W.P.(C) No. 3449/2009 before this Court, which was disposed of vide order dated 27.09.2019 in following terms: ‘’Having heard learned counsel for the parties and considering the fact that the petitioner has got an alternative/efficacious/statutory remedy of preferring appeal against the impugned order dated 08.07.2009 passed by the respondent No.2, the present writ petition is not maintainable at this stage. However, if the petitioner prefers an appeal against the impugned order dated 08.07.2009 passed by the respondent No.2 before the Central Government Industrial Tribunal-II, Dhanbad within one month from today, the delay caused in preferring the said appeal shall be considered liberally by the Central Government Industrial Tribunal-II, Dhanbad keeping in view that the present writ petition remained pending before this Court for a considerable period. The respondent-E.P.F.O shall not take any coercive measure against the petitioner for realization of the dues in pursuance of the impugned order dated 08.07.2009 passed by the respondent No.2 till the appeal preferred by the petitioner is taken up by the Central Government Industrial Tribunal-II, Dhanbad for the first time. The present writ petition is accordingly disposed of with the aforesaid observations and directions. Consequently, I.A. No. 8644/2018 also stands disposed of.’’ 4. Thereafter, the petitioner preferred an appeal before the Deputy Chief Labour Commissioner (Central), Dhanbad on 21.11.2019, however, the same was forwarded to the Central Government Industrial Tribunal No.2, Dhanbad on 21.08.2020 and was registered as Case No. IT-2/12/2020. Consequently, I.A. No. 8644/2018 also stands disposed of.’’ 4. Thereafter, the petitioner preferred an appeal before the Deputy Chief Labour Commissioner (Central), Dhanbad on 21.11.2019, however, the same was forwarded to the Central Government Industrial Tribunal No.2, Dhanbad on 21.08.2020 and was registered as Case No. IT-2/12/2020. The said appeal was dismissed vide the impugned order dated 12.11.2021 on the ground that though the petitioner was given an opportunity to prefer the same before the Central Government Industrial Tribunal No.2, Dhanbad within one month from the date of the order i.e. 27.09.2019 passed in W.P.(C) No. 3449/2009, however, the same was filed as late as on 21.08.2020. Though the petitioner has tried to justify the delay caused in filing of the said appeal, however, this Court is not satisfied with the reasons assigned in the present writ petition. The particular of the appellate authority was clearly observed in the order dated 27.07.2019 i.e. the Central Government Industrial Tribunal No.2, Dhanbad. Despite that, the petitioner filed the appeal before the wrong forum/authority i.e. the Deputy Chief Labour Commissioner (Central), Dhanbad. Hence, if any delay was committed by the said authority in transferring/forwarding the said memo of appeal to the Central Government Industrial Tribunal No.2, Dhanbad, only the petitioner can be said to be responsible for that. 5. If at all the petitioner could not file the said appeal before the Central Government Industrial Tribunal No.2, Dhanbad within one month from the date of the order i.e. 27.09.2019 passed in W.P.(C) No. 3449/2009, it should have filed an appropriate application before this Court seeking modification of the said order in the given circumstance. 6. Admittedly, the said appeal filed by the petitioner was received in the office of the Central Government Industrial Tribunal No.2, Dhanbad after more than ten months of the order dated 27.09.2019. Hence, I see no infirmity in the impugned order dated 12.11.2021 passed by the Presiding Officer, Central Government Industrial Tribunal No.2, Dhanbad in Case No. IT-2/12/2020 as well as the order dated 15.12.2021 passed by the Recovery Officer/Assistant Provident Fund Commissioner, Regional Office, Jamshedpur. 7. The present writ petition being devoid of merit is accordingly dismissed.