BHARAT POLYCHEM LTD Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The petition impugns the order dated 16th March, 2007 of the Assistant Provident Fund Commissioner (APFC), Delhi dismissing the application of the Petitioner Company under Section 7B of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 (EPF Act) for review of the order dated 17th May, 2006 issued in exercise of powers under Section 7A of the Act.

(2.) Notice of the petition was issued and counter affidavit has been filed by the Respondents. Though no interim order as sought was earlier granted but CM No. 4966/2011 was filed again seeking stay of recovery in pursuance to the order dated 16th March, 2007 and vide order dated 6th April, 2011 coercive steps against the Petitioner Company were stayed.

(3.) The counsel for the Petitioner company today, instead of arguing on the petition has only urged that provident fund dues against the Petitioner Company cannot be recovered from Sh. Govind Gupta, Director of the Petitioner Company, without first seeking to recover the same from the Petitioner company. It is urged that the Respondents without making any attempt to recover the dues form the Petitioner company, are seeking to recover the same by taking coercive action against the said Sh. Govind Gupta.