BHAVANS VIDHYA MANDIR Vs. THE ASSISTANT PROVIDENT FUND

JUDGEMENT

(1.) By Ext.P1 order passed on 9.11.209 under Section 14B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, the respondent herein directed the petitioner to pay the sum of Rs. 3,53,550/- as damages. Aggrieved thereby, the petitioner has filed an appeal, ATA 825 (7) 2009 before the Employees Provident Funds Appellate Tribunal, New Delhi. In that appeal, the petitioner has also prayed for waiver of the deposit required to be made under Section 7O of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 read with Rule 7 of the Employees Provident Funds Appellate Tribunal (Procedure) Rules, 1997. The petitioner has also prayed for stay of operation of the order impugned in the appeal.

(2.) It appears after the appeal was filed, the respondent issued Ext.P5 order on 8.12.2009 under Section 8F of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 directing the Lord Krishna Bank to pay over the sum of Rs. 4,74,876/- from the account maintained by the petitioner with that bank. This writ petition was thereupon filed challenging Ext.P5 and seeking a direction to the respondent to refrain from recovering damages pursuant to Ext.P1 order during the pendency of Ext.P2 appeal.

(3.) When the writ petition came up for hearing toady, the learned Counsel appearing for the petitioner submitted that the appeal filed by the petitioner is coming up for consideration before the Appellate Tribunal on 15.1.2010 and that leaving open the petitioner's contentions this writ petition may be disposed of with a direction to the Appellate Tribunal to consider the prayer for interim relief and for waiver of deposit and to pass orders thereon either on 15.1.2010 or expeditiously thereafter and till such time to stay further proceedings pursuant to Ext.P1 order, which is impugned in that appeal.