Gujarat High Court
Unicure vs Employees on 20 March, 2012
Author: Ks Jhaveri
Bench: Ks Jhaveri
Gujarat High Court Case Information System
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SCA/920/2012 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 920 of 2012
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UNICURE
REMEDIES PRIVATE LIMITED - Petitioner(s)
Versus
EMPLOYEES
PROVIDENT FUND ORGANIZATION(MINISTRY OF LABOUR) & 1 -
Respondent(s)
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Appearance
:
MR
AS VAKIL for
Petitioner(s) : 1,
MS E.SHAILAJA for Respondent(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 20/03/2012
ORAL
ORDER
1.0 By way of this petition, the petitioner has challenged the order No. 704 dated 9/10.01.2012 passed under Section 8(F) of the Employees ' Provident Funds and Miscellaneous Provisions Act, 1952 ( for the 'the Act) by the Respondent-Assistant Provident Fund Commissioner, Regional Office, Vadodara.
2.0 The facts of the case are that the notice under Section 14B of the PF Act was issued on 07.10.2011 by the respondent-PF Commissioner to the petitioner alleging that there is delay in the payment of provident fund contribution for the period from May 2001 to March 2011 and thereby proposing levy of damages and interest. The reply to the notice was given by the petitioner on 12.10.2011. The First impugned order of the respondent-PF Commissioner under Section 14B of the PF Act ordering recovery of Rs. 112364/- was passed on 21/28.11.2011. As the petitioner had not paid the amount under the first impugned order nor had the petitioner challenged the first impugned order, the Respondent- PF Commissioner by the second impugned order dated 09/10.01.2012 passed order in exercise of powers under Section 8F of the Provident Funds Act stating that the petitioner is in default in making payment of penal damages and interest under Section 7Q of the PF Act for the period May 2001 to March 2011. On 16.01.2012, the petitioner wrote letter to the respondent Bank requesting not to make the payment. The respondent Bank by a letter advised to have the order lifted. The petitioner therefore filed the present petition.
3.0 Heard learned advocate for the parties. Since the appeal under Section 7(I) of the Act challenging order under Section 14(B) of the Act is fixed for hearing in the first week of April, 2012, it will not be appropriate to implement order under Section 14(B) of the Act.
4.0 As far as the order passed under Section 8(F) of the Act is concerned, it is put under abeyance and it will not be executed till the appeal is decided. If the petitioner succeeds in the appeal before the appellate authority, order passed under Section 8(F) will not have any effect and if the petitioner fails, it will be open to the petitioner to file reply from the date of decision of appellate authority. With this direction the petition stands disposed of.
(K.S.JHAVERI, J.) niru* Top