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Judgment
D.N. Patel, J.—Notice upon the respondents to be served by direct/personal service.
It appears that previously also W.P.(C) No. 5273 of 2003 and W.P.(C) No. 6509 of 2005 were heard together and the following orders were passed:
Rule.
Counsel for respondents waives notice of Rule.
Interim orders earlier granted in both these writ petitions shall remain operative during the pendency and final hearing of these writ petitions.
The earlier petitions were also preferred because the applications for getting exemption u/s 17(1) of the Employee''s Provident Funds and Miscellaneous Provisions Act, 1952 were preferred before the Provident Fund Commissioner, who refused to grant exemption and the said orders are under challenge before this Court, in which the aforesaid order has been passed.
Thus, the writ petitions were admitted and the order was passed not to take any coercive action against the writ petitioners. This has not been appreciated by the Presiding Officer, Employees'' Provident Fund Appellate Tribunal, New Delhi and the order has been passed on 17th August, 2011 in A.T.A. No. 920(3) of 2005. Paragraph no.8 of the aforesaid order reads as under:
The record reveals that the appellant filed a WPC No. 5293/2003 and 6509/2005, where the Hon''ble High Court ordered not to take any coercive steps but the proceeding of tribunal was not stayed by the Hon''ble Court. No other reason has been cited for the delay.
I, therefore, stay the operation, implementation and execution of an order, passed by the Presiding Officer, Employees'' Provident Fund Appellate Tribunal, New Delhi dated 17th August, 2011 in A.T.A. No. 920(3) of 2005, which is at Annexure 11 to the memo of petition, till the next date of hearing.
Learned counsel for the petitioner has also tendered photo copy of a letter of the Regional Provident Fund Commissioner, Jamshedpur dated 26th September, 2011, issued u/s 8(F) of the Employee''s Provident Funds and Miscellaneous Provisions Act, 1952, which is kept on record. From perusal of the said letter it appears that an order has been issued to the petitioner to make payment of Rs.2,13,08,695/-. This order is also stayed till the next date of hearing.
Notice is made returnable on 8th November, 2011.