MARISWAMY SHARAVATHI GAS SERVICES Vs. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION& ORS.

JUDGEMENT

(1.) Though the matter is coming up for Hearing on Interlocutory application, with the consent of learned counsels for both the sides, the matter is heard and disposed of finally.

(2.) The petitioner is an establishment covered under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and the Employees' Provident Funds Scheme, 1952 (hereinafter referred to as 'Act, 1952'). The respondent No.1 - Regional Provident Fund Commissioner has passed an order dated 12.03.2018 determining the Provident Fund dues from the petitioner as Rs. 25,10,669.00 for the period 01.04.2009 to 01.02.2018. Being aggrieved by the order dated 12.03.2018, the petitioner herein has preferred an appeal under Sec. 7-I of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 before the Employees' Provident Fund Appellate Tribunal and CGIT at Bengaluru on 18.04.2018. The appeal is numbered as 54/2018, but it is the contention of the petitioner that the appeal or the interim application has not taken up for hearing as the Presiding Officer of the Tribunal was relieved on 05.12.2017, and since there is non-availability of the Presiding Officer, the matter is not being posted before the Tribunal.

(3.) Learned counsel for the petitioner submits that the petitioner has approached the Appellate Authority within the prescribed period i. e., 60 days and even before the Appellate Authority could pass any orders on the interim application, the respondent No.1 - the Regional Provident Fund Commissioner has recovered the entire sum from the petitioner.