(1.) THE petitioner by way of this petition under Article 226 & 227 of the Constitution of India challenges the order dated 3/5/2010 passed by the Employees P.F. Appellate Tribunal, New Delhi in ATA No. 331 (5)2007, dismissing the appeal and confirming the order dated 30/11/2006 passed by the Respondent No.1, i.e. the Assistant P.F. Commissioner, determining an amount of Rs.10,37,971/- as P.F. dues while exercising the power conferred over him under Section 7-A of Employees P.F. & Misc. Provisions Act, 1952 (herein after referred to as the 'P.F. Act' for brevity). THE Respondent no.1 has also imposed & assessed interest amount of Rs.9,51,886/-. THE petitioner has also challenged the order dated 21/5/2010 passed by Respondent No.1 directing Respondent no.2 Bank to pay Rs.15,31,564/- from the Bank account of the petitioner, and also challenged the showcause notice for warrant of arrest dated 12/7/2010.
(2.) THIS Court (Coram: K.S. Jhaveri, J) on 29/7/2010 passed the following order: Rule. Notice as to interim relief returnable on 27.08.2010. In the meantime, by way of ad-interim relief, it is directed that the respondent-authority shall not take any coercive steps against the petitioner on condition that the petitioner shall deposit he amount, as directed by the authority concerned, with the Registry of this Court, before the returnable date. On such deposit being made, the Registry shall invest the amount in F.D.R., with S.B.I., Gujarat High Court Complex Branch, Ahmedabad on long term basis and the same shall be renewed from time to time, without any orders in that regard. The interest on the said F.D.R., shall be accumulated. The orders regarding disbursement shall be passed at the time of final disposal of the petition.
(3.) IN this view of the matter, the order impugned, viz., order dated 3/5/2010 passed by Employees' PF Appellate Tribunal, New Delhi in Appeal ATA No. 331 (5) 2007, and orders dated 30/11/2006 and 21/5/2010 passed by the Assistant PF Commissioner, and showcause notice dated 12/7/2010 for warrant of arrest issued, are quashed and set aside. The petitioner shall also file an undertaking to the PF Authority with a copy to otherwise that in case if the amount that may be determined ultimately exceeds the amount which is now being sent back to the authority, same shall be paid within 30 days from the date of the order subject to the right to challenge the said order in appropriate forum. With this observation, rule made absolute. No order as to cost. Office is directed to remit the amount forthwith to the PF Authority.