Telangana High Court
M/S. United Breweries Ltd vs Union Of India on 17 August, 2022
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.23588 OF 2022
ORAL ORDER:
Heard Ms. Aahana, learned counsel for the petitioner and Mr. K. Raghuram Reddy, learned Standing Counsel appearing for the respondents.
2. This writ petition is filed to declare the action of respondent No.2 in issuing notice to show cause to the petitioner as to why a warrant of arrest should not be issued dated 02.05.2022 and the demand defaulter notice under Section - 8F (3) (X of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, dated 02.05.2022 as illegal and to set aside the same.
3. Perusal of the record would reveal that respondent No.2 had passed an order dated 23.04.2015 under Section - 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'Act, 1952'). Challenging the said order, the petitioner herein had filed an appeal under Section - 7-I of the Act, 1952 vide ATA No.871 (1) before the Employees Provident Fund Appellate Tribunal (EPFAT), New Delhi. Thereafter, the said appeal was transferred to EPFAT at Bangalore and later after constitution of 2 KL,J W.P. No.23588 of 2022 Central Government Industrial Tribunal at Hyderabad, it was transferred to Hyderabad.
4. According to the learned counsel for the petitioner, the petitioner herein had filed an application seeking to waive the condition of deposit and also stay petition along with the said appeal. There is no Presiding Officer in the EPFAT at Hyderabad. Therefore, the petitioner herein is not in a position to pursue the said waiver application and stay application. In the meanwhile, respondent No.2 has issued show-cause notice dated 02.05.2022 demanding the petitioner to pay an amount of Rs.26,17,984/- pursuant to the Recovery Certificate, dated 07.04.2016 for the period from April, 2011 to December, 2013. The said period was already covered under the aforesaid order passed under Section - 7A of the Act, 1952 dated 23.04.2015 which is already challenged before the EPFAT, Hyderabad vide ATA No.871(1)2015. However, the petitioner herein had submitted explanation to the said show-cause notice and also to the notice dated 02.05.2022 issued by respondent No.2 herein. Despite receiving the said explanation, respondent No.2 did not act upon the same and did not pass any order. Therefore, the petitioner herein had filed the present writ petition.
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KL,J W.P. No.23588 of 2022
5. This Court vide order dated 12.05.2022 granted interim order on condition of the petitioner depositing 50% of the disputed amount pursuant to the show-cause notice dated 02.05.2022 within a period of four (04) weeks. The petitioner herein has deposited the said amount and filed proof of payment of the same. The said fact is also confirmed by Mr. K. Raghurama Reddy, learned standing counsel for respondent Nos.1 and 2.
6. In view of the aforesaid discussion, this Writ Petition is disposed of granting liberty to the petitioner herein to pursue the aforesaid ATA No.871(1)2015 pending before the EPFAT, Hyderabad and also the waiver application and stay application filed by the petitioner herein along with the said appeal. The petitioner herein is also at liberty to file proof of payment of 50% of the amount deposited by it pursuant to the order passed by this Court on 12.05.2022 so as to seek for waiver of the said condition. It is for the Tribunal at Hyderabad to consider the said facts. Till the aforesaid appeal is decided by the Tribunal, respondent No.2 is directed not to take any further steps pursuant to the order dated 23.04.2015 passed by respondent No.2 under Section - 7A of the Act and also the show- cause notice dated 02.05.2022 and the Deemed Defaulter Notice, 4 KL,J W.P. No.23588 of 2022 dated 02.05.2022. Since the appeal is of the year 2015, Employees Provident Fund Appellate Tribunal, Hyderabad is directed to dispose of the said appeal in accordance with law as expeditiously as possible. However, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.
_________________ K. LAKSHMAN, J 17th August, 2022 Mgr