Madhya Pradesh High Court
Vinod Kumar Agrawal vs Regional Provident Fund Commissioner on 5 March, 2015
Writ Petition No :: 10234 / 2008
Vinod Kumar Agrawal Vs. Regional PF, Commissioner and another
05.03.2015.
Shri Umesh Tripathi for the petitioner.
Shri J.K. Pillai for the respondents.
Petitioner has filed this writ petition and feels aggrieved by the process initiated by the respondents vide Annexure P/6 dated 3.1.2008, by which the petitioner was directed to show- cause as to why warrant of arrest should not be issued against him. The grievance of the petitioner is that the aforesaid order is unsustainable.
Shri J.K. Pillai, learned counsel for the respondents, states that the proceedings were initiated under section 14-B of the Employees Provident Fund and Miscellaneous Provisions Act and in execution of the said order the impugned show- cause notice has been issued. It is further pointed by learned counsel for the respondents that the petitioner has to first challenge the order passed under section 14-B by filing an appropriate appeal before the competent appellate authority and it is only thereafter that the petitioner can seek for quashing the recovery proceedings initiated vide Annexure P/6 on 3.1.2008.
Considering the fact that coercive step in accordance to Annexure P/6 has been stayed by this Court, for the present without entering into the controversy on merits, it is directed that in case petitioner has not deposited the amount as claimed for and determined against him in the proceedings held under section 14-B, petitioner is granted liberty to file an appropriate appeal before the competent appellate authority for challenging the order passed under section 14-B of the Act, and thereafter 2 the department is free to proceed in the matter in accordance with law.
However, in case petitioner does not file an appeal against the order passed under section 14-B and does not get it set aside or modified in the appellate forum within a reasonable time, preferably within six months from today, the respondents/authority will be free to proceed to recover the amount determined under section 14-B in accordance with law.
With the aforesaid observations, the petition stands disposed of.
CC as per rules.
(RAJENDRA MENON) JUDGE Aks/-