PUDUCHERRY MANAGEMENT AND PRODUCTIVITY COUNCIL Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-EPF, APPELLATE TRIBUNAL

JUDGEMENT

(1.) Heard Mr. Stalin Abhimanyu, Learned Government Advocate (Puducherry) appearing for the Petitioner and Mrs. V.J.Latha, Learned Standing Counsel appearing for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

(2.) The Petitioner had preferred the appeal in EPFA No. 122 of 2019 before the First Respondent under Section 7-I of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'EPF Act' for short), against the order No TN/RO/PDY/PC/1555/Comp/DIV-II/7A ORDER/2019-20/408 dated 10.06.2019 passed by the Second Respondent determining the liability of the Petitioner for Provident Fund dues for the period from November 2012 to May 2018 for Rs. 6,77,417/- under Section 7-A of the EPF Act. In the said appeal, the Petitioner had made an application in terms of Section 7-O of the EPF Act for waiver of the condition to deposit of 75% of the amount that had been determined in the order impugned in the appeal for entertaining the same. The First Respondent by an order dated 14.08.2019 had reduced the amount required to be deposited from 75% to 40%, which was to be paid on or before 14.10.2019. The Petitioner did not satisfy with that requirement and ultimately the appeal has been dismissed by order dated 21.02.2020 for such non-compliance. The Petitioner challenged the said order in the Writ Petition in W.P. No. 12282 of 2020 before this Court, which was dismissed by order dated 01.10.2020. This Review Application has been filed to re-consider that order passed in that Writ Petition by this Court.

(3.) It is now brought to the notice of this Court by the Learned Counsel for the Petitioner that during the pendency of the said Writ Petition, action had been taken by the Petitioner for sanction of funds from the Government of Puducherry to make the pre-deposit of 40% of the determined amount, but it was only after the disposal of that Writ Petition on 01.10.2020 that the said amount has been received on 14.10.2020 from the District Industries Centre, Government of Puducherry. On that premise, it is submitted that the order dated 01.10.2020 passed by this Court in W.P. No. 12282 of 2020 may be recalled and the appeal in EPFA No. 122 of 2019 may be restored to file of the First Respondent by permitting the Petitioner to deposit the required amount with the Second Respondent. Learned Counsel for the Petitioner has produced a copy of the interest fetching Fixed Deposit Receipt bearing No. 810145110002671 dated 18.12.2020 for Rs. 27,50,967/- representing the value of 40% of the determined amount, which has been invested with the Bank of India, Kadhirkamam Branch, Puducherry, in the name of the Second Respondent, and a memo has been filed to that effect, which has been placed on record.