SAPTHAGIRI TRANSPORT Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) This Writ Petition is filed challenging the order of the Tribunal dated 09.10.2019, wherein and whereby, the Tribunal admitted the appeal subject to condition, the petitioner deposits 75% of the amount as assessed in the order dated 06.11.2017 passed by the Assistant Provident Fund Commissioner, Ambattur, also by granting interim stay on such condition.

(2.) Heard both sides.

(3.) The grievance of the petitioner before this Court is that the order of the Tribunal in directing deposit of 75% of the disputed amount was made without considering the waiver application filed by the petitioner. Perusal of the impugned order clearly shows that the Tribunal is fully aware of the fact that the petitioner, as the appellant before the Tribunal, moved Petitions for stay and waiver on the ground of financial crisis and even after noticing such contentions, the Tribunal passed the conditional order by recording a reason that the petitioner is a Transport Company, having contract with TASMAC Ltd. for transport of IMFL to various retail units of TASMAC within the jurisdiction of the Tamil Nadu State and that the cause of delay remittance of statutory contribution does not sound reasonable.