Telangana High Court
M/S Shanti Boilers And Pressure Vessels ... vs Employees Provident Fund Organization on 8 August, 2022
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.31838 of 2022
ORDER:
Heard Sri Shanker Rao Patil, learned counsel for the petitioner and Sri K.Raghuram Reddy, learned Standing counsel for the respondents.
2. The petitioner herein had filed an Appeal under Section 7-I of the Employees' Provident Fund & Miscellaneous Provision Act, 1952 (for short 'the Act') vide ATA.No.654 (10) 2015 before the Employees Provident Fund Appellate Tribunal, New Delhi challenging the order dated 05.12.2014 passed by the respondent under Section 7-A of the Act.
3. According to the learned counsel, the petitioner had also filed an application to waive the condition of deposit and also stay application. They were not heard by the Tribunal. On the other hand, vide order dated 27.07.2015, the Employees Provident Fund Appellate Tribunal, New Delhi has transferred the matter to the Southern Tribunal at Bangalore in view of the constitution 2 of said Tribunal. It is also relevant to note that at present all the statutory Appeals filed under Section 7-I of the Act which fall under the territorial jurisdiction of Telangana are transferred to Central Government Industrial Tribunal- Cum-Labour Court-cum-Employees Provident Fund Appellate Tribunal, at Hyderabad. There is no Presiding Officer in the said Tribunal and the Presiding Officer Employees Provident Fund Appellate Tribunal, Kerala is in-charge of the Tribunal at Hyderabad. Even According to Sri K.Raghuram Reddy learned Standing counsel appearing for respondent, the in charge Presiding Officer is going to retire on 18.08.2022 and one of the establishments has filed Public Interest Litigation (PIL) before this Court seeking a direction to the Central Government to appoint Presiding Officer to the Central Government Industrial Tribunal-Cum-Labour Court-cum- Employees Provident Fund Appellate Tribunal, at Hyderabad. The matter is posted to 18.09.2022. Thus, Employees Provident Fund Tribunal, Hyderabad is not in a position to take up the appeal, waiver application and stay application.
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4. On the other hand, respondent had issued a demand notice dated 05.07.2014 directing the petitioner to remit an amount of Rs.12,88,826/- in respect of recovery certificate vide R.C.No.15 of 2015 for the period from 04/2007 to 08/2012 within 10 days. The said period is also mentioned in the order passed under Section 7-A of the Act which is under challenge in aforestated Appeal. According to the learned counsel for the petitioner, the respondent has not considered the said fact of pendency of Appeal, waiver application and stay application, while issuing notice dt.05.07.2012
5. In view of the above said facts, this Writ Petition is disposed of directing the respondents not to insist for payment of said amount of Rs.12,88,826/- pursuant to demand notice dated 05.07.2022 from the petitioner on condition of petitioner paying an amount of 50% of the amount covered in the order passed under Section 7-A of the Act dated 06.11.2014 within a period of four weeks from today till disposal of the waiver petition and stay petition. The petitioner herein is at liberty to pursue the 4 above said appeal, waiver application and stay application and also to file copy of this order and seek waiver of the amount in the above said waiver application before the Employees Provident Fund Appellate Tribunal, at Hyderabad. The Appeal is of the year, 2015. Therefore, the Central Government Industrial Tribunal-Cum-Labour Court-cum-Employees Provident Fund Appellate Tribunal, at Hyderabad is directed to dispose of the said Appeal as expeditiously as possible.
Miscellaneous petitions, if any, pending, shall stand closed.
__________________ K. LAKSHMAN, J 08.08.2022 dv