Avery Dennison India Pvt. Ltd vs Enforcement Officer, Epfo And Ors on 27 January, 2022

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Delhi High Court - Orders

Avery Dennison India Pvt. Ltd vs Enforcement Officer, Epfo And Ors on 27 January, 2022

Bench: Prathiba M. Singh

                                                         Signature Not Verified
                                                         Digitally Signed By:DEVANSHU
                                                         JOSHI
                                                         Signing Date:28.01.2022 15:20:08


$~9
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+        W.P.(C) 2277/2020 & CM APPLs. 7938/2020, 4671/2022
      AVERY DENNISON INDIA PVT. LTD.     ..... Petitioner
                  Through: Mr. Ayush Mangal Gupta, Proxy
                            counsel for Mr. Ajit Yadav,
                            Advocate.
                  versus

      ENFORCEMENT OFFICER, EPFO AND ORS. ..... Respondents
                     Through: Mr. Satpal Singh, Advocate.
      CORAM:
      JUSTICE PRATHIBA M. SINGH
               ORDER

% 27.01.2022

1. This hearing has been done through video conferencing.

2. Adjournment is sought on behalf of the Petitioner/Management.

3. Mr. Satpal Singh, ld. Counsel for the Respondents submits that the order dated 29th November, 2019 which is under challenge is appealable under Section 7I of the Employees' Provident Fund & Miscellaneous Provisions Act, 1952 (hereinafter "Act"), being a composite order under Section 14B and Section 7Q of the Act. Accordingly, the Petitioner ought to be relegated to the Appellate Authority under the Act.

4. This issue has been considered by the Court recently, in Gaurav Enterprises v. Union of India [W.P.(C) 8485/2021 decided on 25th August, 2021], where it was observed:

"Thus, as per Arcot Textiles (supra), the position that emerges is:

i. An order passed under Sections 7A and 7Q together, is a composite order and is appealable under Section 7I;

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI

Signing Date:28.01.2022 15:20:08 ii. If any other composite order is passed, one facet of which is appealable, then even qua the other facet for which appeal is not provided, the appeal would be maintainable, if the order is composite; iii. If an independent order is however passed, no appeal would be maintainable in respect of the interest component under Section 7Q.

19. In Arcot Textiles Mills Ltd. (supra), the Supreme Court was dealing with a standalone demand under Section 7Q. Thus, if an independent order is passed under Section 7Q, no appeal would lie and the only remedy that would then be available is in the form of a writ petition, the scope of which would be very limited."

5. Accordingly, list for hearing on the issue of maintainability of the present petition, on 22nd February, 2022.

PRATHIBA M. SINGH, J.

JANUARY 27, 2022 Rahul/AD

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Delhi High Court - Orders