Delhi High Court - Orders
Genpact India Private Limited & Anr vs Employees Provident Fund Organisation ... on 25 May, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7360/2023
GENPACT INDIA PRIVATE LIMITED & ANR. ..... Petitioners
Through: Mr.Amit Sibal & Mr.Rajshekhar Rao,
Sr. Advs. with Mr.Rachit Bahl, Mr.Priyank
Ladoia, Mr.Jatinder S Saluja, Mr.Kshitiz Rao,
Mr.Nikhil Sukhija, Mr.Rishabh Sharma,
Ms.Vishakha Gupta, Mr.Darpan Sachdeva &
Ms.Yamini Mookherjee, Advs.
versus
EMPLOYEES PROVIDENT FUND ORGANISATION & ORS.
..... Respondents
Through: Mr.Siddharth, SC, EPFO and Mr.
Rajesh Kumar with Mr.Amit Kumar Agrawal,
Advs. for R-1, 2 and 3.
Mr.Ojaswa Pathak, Advs. for R-4.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 25.05.2023 CM APPL. 28659/2023
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 7360/2023 & CM APPL. 28658/2023 (stay)
3. The petitioners have approached this Court assailing the Show Cause Notices dated 02.03.2023, 12.04.2023 and 17.04.2023 issued by the respondents. Learned senior counsel for the petitioners submits that although the impugned notices are worded as show cause notices, a perusal of these notices would show that the respondents have already This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 05:46:38 arrived at a wholly illegal and arbitrary conclusion that the petitioners are guilty of having violated the provisions of the Employees Provident Fund Act (hereinafter EPF Act). He further submits that even though the petitioners are yet to submit the reply to these show cause notices within the time granted by the respondents, the petitioners are, without prejudice to its rights and contentions, willing to transfer the fund lying with the GIPL PF Trust to the respondents. He submits that the petitioners are confident that if its reply to the show cause notices, when submitted, are properly appreciated by the respondents, the petitioners cannot be held guilty of the breach of any of the provisions of the EPF Act or of any other statutory provisions.
4. On the other hand, Mr.Siddharth and Mr.Rajesh Kumar, appearing on advance notice on behalf of the respondents, opposes the writ petition by urging that the writ petition is premature as the petitioners have only been asked to respond to the show cause notices issued against the petitioners for which they have admittedly been granted time till 02.06.2023. They, therefore, contend that once the petitioners are yet to file their reply to these show cause notices, the petition is not maintainable. They, therefore, pray that the writ petition be dismissed.
5. Having considered the submissions of learned counsel for the parties, even though I am inclined to agree with the respondents that the writ petition is premature at this stage, having been preferred assailing the show cause notices which are yet to be replied by the petitioners, there is merit in the plea of the learned senior counsel for the petitioners that the show cause notices prima facie appear to be based This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 05:46:38 on a unilateral presumption that petitioners are in violation of the provisions of the EPF Act. I am, therefore, of the view that even though the writ petition ought not to be entertained at this stage, taking into account the position emerging from the record that the respondents were themselves treating the petitioners as an exempted establishment till as late as 02.03.2023 as also the petitioners' willingness to immediately transfer the fund available with the GIPL PF Trust to the respondents, some interim protection ought to be granted to the petitioners. It would therefore be necessary to restrain the respondents from taking any coercive action against the petitioners till any final order qua these show cause notices and for a short period thereafter so as to enable them to avail of legal remedies, if the need so arises.
6. Consequently, the writ petition is disposed of by granting the petitioners time till 15.06.2023 to file their response to the impugned show cause notices with a direction to the respondents/appropriate authority to pass a reasoned and speaking order on merits specifically dealing with all the contentions as may be raised by the petitioners in their response to the show cause notices. Further, the petitioners will, without prejudice to its rights and contentions and subject to cooperation by the respondent authorities transfer the entire amount lying in the GIPL PF Trust to the respondents within the same period i.e on or before 15.06.2023.
7. While disposing of the petition as premature it is directed that any order which may be passed by the respondents/appropriate authority on the impugned show cause notices will be kept in abeyance for a This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 05:46:38 period of four weeks from the date of communication of the said orders to the petitioners so as to enable them to avail of appropriate legal remedies, if the need so arises. Furthermore, the respondents will till then stand restrained from taking any coercive steps against the petitioners on the grounds referred to in the impugned show cause notices.
8. Needless to state, this Court has not expressed any opinion on the merits of rival submissions of the parties.
9. The petition is accordingly disposed of in the aforesaid terms.
REKHA PALLI, J MAY 25, 2023 kk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 05:46:38