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Calcutta High Court (Appellete Side)

Central Board Of Trustees vs Union Of India & Ors on 7 November, 2016

Author: Subrata Talukdar

Bench: Subrata Talukdar

                                               1

    100.
07.11.2016.
Ct. No. 29.
    F.B.

                                         W.P. 12370 (W) of 2016




                                             Central Board of Trustees
                                                       -Vs.-
                                              Union of India & Ors.




                      Ms. Aparna Banerjee
                                  ..... For the Petitioner.

                      Mr. Soumya Majumder
                                 ..... For the Respondents.

_________ In this writ petition the Regional Provident Fund Authority challenges the order dated 6th of April 2016 passed by the Learned Employees' Provident Fund Appellate Tribunal (for short EPFAT) in an appeal filed by the appellant, being the respondent no. 3/Company in this writ petition.

Ms. Aparna Banerjee, Learned Counsel appearing for the Provident Fund Authority (for short PFA) submits that the Learned EPFAT came to an erroneous conclusion in law by directing the assessment of interest under Section 7Q of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short the 1952 Act) by, inter alia, directing that the dues shall be governed by the earlier table relevant to paragraph 32A(1) of the Employees Provident Fund Scheme, 1952 (for short the 1952 Scheme) as existing in the statute book prior to 26th of September, 2008.

By way of response, Sri Soumya Majumder, Learned Counsel argues that by the judgment of the Hon'ble Delhi High Court, the arbitrariness of the PFA in assessing inflated dues by way of both interest and damages has been exposed.

Having heard the parties and considering the materials placed, this Court is of the view that the respondent no. 3-Company deserves the opportunity to place its stand on affidavit.

Let affidavit-in-opposition be filed within a period of six weeks from date; reply thereto, if any, within three weeks thereafter. The point of maintainability is kept open.

Liberty to mention after the period granted to exchange affidavits is complete.

Steps taken pursuant to the order of the Learned EPFAT dated 6th of April, 2016 shall abide by the result of this writ petition.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Subrata Talukdar, J.)