POOMER FASHIONS Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The above writ petition has been filed for the following relief :

(2.) The short facts that led to the filing of the writ petition is that on 26/3/2025, the first respondent had initiated proceedings against the petitioner, under Sec. 7A of the Employees Provident Funds and Miscellaneous Provisions Act, (hereinafter called as 'Act') demanding to pay the EPF contribution for the default period from 03/2021 to 03/2022, which works out to Rs.2,34,93,470.00. The petitioner intends to prefer an appeal against the order of the first respondent dtd. 26/3/2025. However, within a short span of five days, the second respondent issued recovery proceedings on 1/4/2025. The same has been agitated by the petitioner contending that the statutory period for preferring an appeal is 60 days and therefore, the proceedings of the second respondent should not be pursued further. The second respondent also did not precipitate the issue at that point of time.

(3.) Thereafter, on 20/5/2025, the petitioner had approached the Central Government Industrial Tribunal with his appeal papers along with two petitions, one seeking waiver of the EPF contributions and the other to stay the proceedings of the first respondent dtd. 26/3/2025. Subsequently, the appeal was taken on file and numbered as EPFA No.146 of 2025. The said appeal came up for admission before the appellate Tribunal on 18/7/2025 and the matter stood adjourned to 20/8/2025 for certain reasons.