M/s The Bazpur Co-operative Sugar Factory Ltd vs Employees Provident Fund Organization And Another

Manoj Kumar Tiwari, J

Regional Provident Fund Commissioner & Authorized Officer, Haldwani passed two orders against the petitioner. By the first order dated

25.03.2021, he levied a penalty to the tune of Rs. 1,11,32,123/- as damages under Section 14-B of Employees’ Provident Funds & Misc.

Provisions Act, 1952. By the second order dated 03.08.2021, he levied a sum of Rs. 53,53,418/- as interest under Section 7-Q of the Act for delayed

payment of the amount of Provident Fund. Feeling aggrieved by these two orders, petitioner preferred an Appeal under Section 7-I of the Act, which

is pending. Petitioner had filed an application under Section 7-O of the Act, seeking exemption from the requirement of pre-deposit of 75% of the

amount appealed against, which is still pending. Petitioner’s application, seeking stay of the impugned orders, is still pending consideration before

the Appellate Authority/Central Government Industrial Tribunal, Lucknow.

Learned Senior Advocate for the petitioner submits that, due to lockdown imposed in view of COVID-19 Pandemic, petitioner’s Appeal is not

being heard. He has placed reliance upon two letters received from the learned counsel appearing for the petitioner before the Appellate Authority,

wherein he has stated that there is no possibility of sitting of Central Government Industrial Tribunal, Lucknow upto 15.06.2021. Learned Senior

Advocate for the petitioner further submits that petitioner has reasonable apprehension that coercive action would be taken against the petitioner for

recovery of the amount, in terms of the orders passed by Regional Provident Fund Commissioner & Authorized Officer, Haldwani, against which

Appeal has been filed. Learned Senior Advocate has placed reliance upon an order passed by this Court in Writ Petition (M/S) No.704 of 2021 on

23.03.2021.

Learned counsel for the respondents also submits that the facts of the present case are similar to the facts of the case involved in Writ Petition

(M/S) No. 704 of 2021.

Having regard to the facts & circumstances of the case, the writ petition is disposed of with the following directions:

(i) The Appellate Authority/Central Government Industrial Tribunal, Lucknow shall consider petitioner’s application filed under Section 7-O of

Employees’ Provident Funds & Misc. Provisions Act, 1952 and also the stay application filed by the petitioner in Appeal No. 15 of 2021 and

decide the same as early as possible; but, not later than 30 days from resumption of physical hearing.

(ii) For a period of three months or till disposal of petitioner’s stay application filed under Section 7-O of Employees’ Provident Funds & Misc.

Provisions Act, 1952, whichever is earlier, no coercive steps shall be taken against the petitioner.