Delhi High Court - Orders
M/S Durable Doors And Windows vs Central Board Of Trustees, Epfo on 22 October, 2020
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:22.10.2020 19:25:42
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8369/2020 & CM APPLs. 27181/2020, 27182/2020
M/S DURABLE DOORS AND WINDOWS ..... Petitioner
Through: Mr. S.P. Arora and Rajiv Arora,
Advocates (M-9899233114).
versus
CENTRAL BOARD OF TRUSTEES, EPFO ..... Respondent
Through: Mr. B.B. Pradhan, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 22.10.2020
1. This hearing has been done by video conferencing.
2. The present petition challenges the impugned order dated 18th October, 2019, passed by the Employees Provident Fund Organisation (hereinafter as 'EPFO'), Gurgaon under Section 7Q of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 (hereinafter 'EPF Act').
3. A preliminary objection as to jurisdiction has been raised by ld. counsel for the Respondent, on the ground that this petition would not be maintainable in this Court and the Petitioner would have to approach the Punjab and Haryana High Court.
4. Ld. counsel for the Petitioner submits that no appeal is maintainable against an order passed under Section 7Q of the EPF Act. However, a connected petition being W.P.(C) 8281/2020 titled M/s Durable Doors and Windows v. Assistant P.F. Commissioner Gurugram was also preferred before this Court, arising out of the same Authority's order which was appealed in the Central Government Industrial Tribunal (hereinafter as Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:22.10.2020 18:54 Digitally Signed By:SINDHU KRISHNAKUMAR Signing Date:22.10.2020 19:25:42 'CGIT'), and was disposed of by this Court vide order dated 21st October, 2020.
5. It is noted that in W.P.(C) 8281/2020, the order under challenge was the ld. CGIT's order and this Court has remanded the matter to the Assistant Provident Fund Commissioner (APFC), EFPO for reconsideration and decision in four months. However, in the present case, the order directly under challenge is of the EPFO, Gurgaon, over which this Court may not have jurisdiction.
6. Accordingly, the Petitioner seeks liberty to withdraw the present petition and approach the Punjab and Haryana High Court.
7. This petition is dismissed as withdrawn, with liberty as prayed for. All pending applications are disposed of.
PRATHIBA M. SINGH, J OCTOBER 22, 2020 Rahul/ Ak Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:22.10.2020 18:54