Calcutta High Court (Appellete Side)
Fund Organisation vs M/S. Sangha Goods Carriers & Ors on 3 October, 2016
Author: Subrata Talukdar
Bench: Subrata Talukdar
03.10.2016
49
b.r
W.P. No. 19587(W) of 2016
Central Board of Trustees Employees Provident
Fund Organisation
-vs-
M/s. Sangha Goods Carriers & Ors.
Mr. Anil Kumar Gupta,
......... for the Petitioner.
Mr. Soumya Mazumdar,
Ms. A. Das,
Mr. S. Sharma,
Ms. Namrata Basu,
.........for the Respondents.
Mr. Anil Kumar Gupta, learned Counsel, appears for the writ petitioner/Central Board of Trustees of the Employees Provident Fund Organisation and challenges the order of the Learned Employees' Provident Fund Appellate Tribunal (for short EPFAT) in ATA No. 885(15) 2011 vide Order dated 9th March, 2016 by which the learned EPFAT set aside the order of the Provident Fund Authority and directed that the Provident Fund dues recovered from the respondent No.1/firm shall be returned to the firm with interest at the rate of 12% p.a., i.e. the rate at which the P.F. Authority is entitled to recover interest from the employer.
On behalf of the respondent no.1/firm and the respondent no.2, Sri Soumya Mazumdar, learned Senior Counsel appears.
After hearing the parties and considering the materials placed, this Court is of the view that the balance of convenience is in favour of the petitioner by admitting the writ petition for considering the legality of the order dated 9th March, 2016 of the learned EPFAT.
Accordingly, there shall be an interim order staying the operation and/or further operation of the order impugned dated 9th March, 2016 of the learned EPFAT subject to the condition that the petitioner/P.F. Authority shall keep the amount so directed by the learned EPFAT in a separate account which will be entitled to be claimed by the respondent no.1/firm in the event of its success in this writ petition on the same terms as directed by the learned EPFAT.
Let Affidavit-in-Opposition be filed within a period of one week after the reopening of the Court after the long Puja Vacation, 2016. Affidavit-in-Reply within two weeks thereafter.
Liberty to mention after the period granted to exchange affidavits is complete.
The interim order as granted above shall continue until the next date of hearing.
Affidavit of Service filed in Court today be kept with the record.
(Subrata Talukdar, J)