Central University of Jharkhand, Kamre, Ranchi through its Registrar K. Kosala Rao v. Union of India
2025-02-19
RAJESH SHANKAR
body2025
DigiLaw.ai
JUDGMENT : RAJESH SHANKAR, J. The present writ petition has been filed for quashing the order of attachment of bank account of the petitioner bearing Ref. No. JH/RO/RNC/PD/JHRAN1702096/2024-25/580/9121 dated 17.09.2024/19.09.2024 (Annexure-5 to the writ petition) passed by the respondent no. 3 – the Regional Provident Fund Commissioner-II, Regional Office, Ranchi, whereby the respondent no. 6 has been ordered to pay the respondent no. 3 an amount of Rs.74,29,188/- from the bank account of the petitioner invoking the powers conferred under Section 8F of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 (hereinafter referred to as “the Act, 1952”). Further prayer has been made for quashing the order No. JH/RAN/1702096/000/Enf 501/Damages/673/5393 dated 01.06.2023 (Annexure-2 to the writ petition) issued under the signature of the respondent no. 3, whereby the petitioner has been directed to deposit Rs.34,31,378/- as interest calculated under Section 7Q of the Act, 1952 with further direction to pay interest @ 12% per annum. The petitioner has also prayed for staying the operation, execution and implementation of the said impugned orders dated 17/19.09.2024 and 01.06.2023 respectively during pendency of the writ petition. 2. The writ petition was earlier taken up on 11.02.2025 and on the said date, following order was passed: “ 1. Learned counsel for the petitioner submits that the present writ petition has been filed primarily due to the reason that the stay application filed by the petitioner in E.P.F.A. No.30 of 2024 preferred by it against the order dated 27 th /28 th June, 2024 passed under Section 14B and 7Q of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 is not being taken up by the Central Government Industrial Tribunal No.2, Dhanbad and in the meantime, the impugned order of attachment under Ref. No.JH/RO/RNC/PD/JHRAN1702096/2024-25/580/ 9121 dated 17 th /19 th September, 2024 has been issued by the respondent-EPFO. 2. Learned counsel for the respondent-EPFO is directed to seek instruction within a week as to under what circumstance, the petitioner’s application is not being taken up for consideration by the Central Government Industrial Tribunal No.2, Dhanbad. 3. Learned counsel for the respondent-bank shall also seek instruction as to whether pursuant to the order of attachment dated 17 th /19 th September, 2024, the amount involved in the present case has already been attached. 4. Put up this case under the same heading on 19 th February, 2025. 3. Mr. Bajrang Kumar, AC to Mr.
3. Learned counsel for the respondent-bank shall also seek instruction as to whether pursuant to the order of attachment dated 17 th /19 th September, 2024, the amount involved in the present case has already been attached. 4. Put up this case under the same heading on 19 th February, 2025. 3. Mr. Bajrang Kumar, AC to Mr. Prashant Pallav, learned counsel for the respondent-EPFO, on instruction, submits that at present, there is no Presiding Officer at Central Government Industrial Tribunal No. 2, Dhanbad and the same has been linked to the Central Government Industrial Tribunal, Bhubaneshwar. Hence, the appeal being E.P.F.A No. 30 of 2024 preferred by the petitioner will now be taken up by the Central Government Industrial Tribunal, Bhubaneshwar. 4. Mr. P.A.S Pati, learned counsel for the respondent-SBI, on instruction, submits that the said bank has not yet received notice as contained in Ref. No. JH/RO/RNC/PD/JHRAN1702096/2024-25/580/9121 dated 17/19.09.2024. 5. Having heard learned counsel for the parties and considering the aforesaid submission made by learned counsel for the respondent-EPFO that the Central Government Industrial Tribunal No. 2, Dhanbad has been linked to the Central Government Industrial Tribunal, Bhubaneshwar, which will now take up the aforesaid pending appeal of the petitioner, the Central Government Industrial Tribunal, Bhubaneshwar is directed to take up the appeal being E.P.F.A No. 30 of 2024 preferred by the petitioner challenging the order dated 01.06.2023 passed under Sections 14B and 7Q of the Act, 1952 and to dispose of the same as expeditiously as possible preferably within two months from the date of receipt/production of a copy of this order. 6. If the Central Government Industrial Tribunal, Bhubaneshwar feels any difficulty in disposing of the said appeal within the aforesaid timeframe, the petitioner’s application seeking interim relief will be considered and appropriate order be passed on the said application within two weeks from the date of receipt/production of a copy of this order. 7. The writ petition is disposed of with aforesaid direction.