Delhi High Court - Orders
Gas Secure Solutions (India) Pvt. Ltd vs Regional P.F. Commissioner-I & Anr on 31 October, 2022
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~38 to 40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10810/2016, CM APPLs. 42299/2016, 42406/2016,
42407/2016, 52628/2018 & 29927/2021
GAS SECURE SOLUTIONS (INDIA) PVT. LTD. ..... Petitioner
versus
REGIONAL P.F. COMMISSIONER-I & ANR. ..... Respondents
+ W.P.(C) 2137/2017, CM APPLs. 11571/2017, 12973/2017,
21580/2017, 24214/2021 & 24215/2021
G4S SECURE SOLUTIONS (INDIA) PVT. LTD. ..... Petitioner
versus
REGIONAL P.F. COMMISSIONER-I & ORS. ..... Respondents
+ W.P.(C) 2580/2017, CAV 259/2017, CM APPLs. 11163/2017,
11164/2017, 11167/2017, CM APPL. 1827/2020 & CM APPL.
23967/2021
G4S SECURE SOLUTIONS (INDIA) PVT. LTD. ..... Petitioner
versus
REGIONAL P.F. COMMISSIONER-I & ORS. ..... Respondent
Present : Mr.Amit Sibal, Sr.Adv. with Mr. Amitabh Chaturvedi,
Mr.Sangeeth Mohan K. And Mr.Mayank Bhargav, Advts. for
the petitioner in all the matters.
Mr. Rajesh Kumar and Mr. Harshit Garg, Advs. for EPFO in all
the matters.
Mr.R.S.Jena, Adv. for workman and Union in all the matters.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 31.10.2022 Signature Not Verified Digitally Signed By:RAJ BALA Signing Date:04.11.2022 16:34:21 At the outset, learned counsel for the respondent has raised an objection that the petitioner has not complied with the directions given in the orders dated 14.12.2018. The order dated 14.12.2018 is reproduced as under:
"C.M. 52628/2018 (u/S 151 CPC) By way of this application, interim relief is sought by petitioner.
Upon notice, counsel for respondents submits that the documents, as referred to in Annexure A-2 of the application, have not been supplied by petitioner despite various opportunities given.
Senior counsel for petitioner points out that documents as referred to in Annexure A-2 at Serial No. 2 to 6 and 9 have already been supplied and documents referred to at Serial No.7,8 and 10 to 13 are old record, therefore, time is again sought to trace out the record. It is submitted that the presence of Director of petitioner- Company sought by respondent is unwarranted.
List the application on the date fixed i.e. 7th January, 2019. Till then, personal appearance of Director of petitioner-Company be not insisted upon, provided copies of documents as mentioned at Serial No.7,8 and 10 to 13 are supplied by petitioner to the respondent and if for any reason, these documents are not supplied, then a convincing explanation needs to be furnished by petitioner to the authorities concerned.
List on 7th January, 2019.
Dasti."
Learned senior counsel for the petitioner submits that in pursuance to the order dated 14.12.2018, the petitioner has filed the affidavit of compliance dated 26.03.2019 along with a table showing the status of the documents sought to be supplied by the petitioner to the respondent department. Learned standing counsel submits that he needs to cross-check the same from the department. Learned standing counsel has also submitted that learned ASG Mr.Banerjee will lead in this matter and today he is not Signature Not Verified Digitally Signed By:RAJ BALA Signing Date:04.11.2022 16:34:21 available. Learned senior counsel for the petitioner has opposed the adjournment. However, in view of the submissions made by learned standing counsel for the EPFO, list the matters on 31.01.2023.
Parties are directed to file their brief submissions not exceeding three pages within two weeks along with copies of the case laws on which they wish to rely upon at least two weeks before the next date of hearing.
DINESH KUMAR SHARMA, J OCTOBER 31, 2022 rb Signature Not Verified Digitally Signed By:RAJ BALA Signing Date:04.11.2022 16:34:21