BEST SECURITY SERVICES Vs. EMPLOYEES PROVIDENT FUND ORGANIZATION

JUDGEMENT

(1.) The petitioner has filed this petition seeking the following relief(s):-

(2.) Mr. Shishir Dixit, learned counsel appearing for the petitioner would submit that on a complaint of an NGO, a proceeding under Sec. 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, the Act, 1952), has been initiated against the petitioner. He would further submit that a report was submitted by the enforcement officer of the department on 22/8/2024 and according to that report, the petitioner was required to deposit 1,15,03,903 against the dues under the Act. He would ? contend that the enforcement officer of the department again submitted a report on 18/12/2024 whereby assessed the payable amount to the tune of Rs.4,15,98,399..00 He would also submit that the enforcement officer recorded the findings in the report dtd. 18/12/2024 on the basis of various complaints and documents submitted by the complainants.

(3.) On the other hand, Mr. Sunil Pillai would submit that an enquiry was initiated according to Sec. 7A of the Act, 1952 and no decision has been taken yet by the enquiry officer. He would further submit that as there is no order or decision, therefore, this petition is premature. He would contend that there is a remedy of appeal against any order, etc. according to the provisions of Sec. 7 (I) of the Act 1952. He would argue that the petitioner has himself admitted in the daily order dtd. 31/12/2024 that one Kuldeep Chaturvedi has gone through the report and requested two weeks' time to submit his response in support of his disagreement and to file an appeal before the appropriate forum. He would inform that the next date of hearing is 13/1/2025.