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HMT Machine Tools Ltd. vs Regional Provident Fund Commissioner-II

Karnataka High Court · Decided on 25 January 2017 · Citation: (2017) 153 FLR 720 : (2017) LabLR 374

HON’BLE JUDGES
Mr. B. Veerappa, J.
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226
RESULT
Dismissed
CASE NUMBER
W.P. No. 62366 of 2016
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Judgment

4 paragraphs · 332 words

B. Veerappa, J.—The petitioner is before this court in these writ petitions for a writ of certiorari to quash the impugned order dated 05/08.05.2015 at Annexure -B passed by the first respondent made in Order No. KN/PNY/PF/EXM/873/21/2015-16 passed under the provisions of Section 7A of the Employees'' Provident Funds and Miscellaneous Provisions Act, 1952, determining the dues of PF payable by the employer to the Trust assessed for 02/2014 to 01/2015 for a sum of Rs. 3,31,10,400 and also April, 2017 - 94 the dues under EPS, EDLI and the administrative charges for the period of 02/2014 to 01/2015 payable to RPFC for a period of 02/2014 to 01/2015 in a sum of Rs. 53,69,086 Rs. 3,59.298 and Rs. 9,980 respectively.

2.

Sri. B. Pramod, learned counsel appearing for respondent Nos. 1 and 2 pointed out that the impugned orders passed by the first respondent exercising power under Section 7A of the Employees'' Provident Funds and Miscellaneous Provisions Act, 1952, is appealable under the Provisions of Section 17-1 of the said Act. The said alternative remedy of appeal as stated by Sri. Pramod, is not disputed by the learned counsel appearing for the petitioner-Sri. Muralidhar H.M., and he fairly submits that he may be permitted to withdraw the writ petitions with liberty to avail the alternative remedy of appeal. But he seeks four weeks time to file appeal by extending the interim order passed by the court.

3.

Considering the gravity of the impugned order passed by the first respondent, the present writ petitions are dismissed as withdrawn with liberty to the petitioner to file an appeal before the Appellate Tribunal as contemplated under the provisions of Section 7-1 of Employees'' Provident Funds and Miscellaneous Provisions Act, 1952, within a period of three weeks. Till then, the impugned order dated 05/08 05.2015 is stayed for a period of three weeks.

The Tribunal shall decide the application as well as the main matter on merits and pass appropriate orders in accordance with law.