FAIZAN SHOES PRIVATE LTD. Vs. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION

JUDGEMENT

(1.) The order issued by the first respondent in proceedings dated 30.01.2019, is under challenge in the present writ petition.

(2.) The writ petitioner is a Shoe Manufacturing Company having its factory in Ambur, Vellore District. In respect of the payment of contribution to the Provident Fund Organization an enquiry was conducted and the Competent Authority and passed an order in proceedings dated 30.01.2019, determining the quantum of the amount and as well as the compensation to be paid under Section 7Q of the Act, without considering the merits of the case and the damages for belated payment under Section 14B of the Act.

(3.) This Court is not inclined to go into the merits, in view of the fact that it is an appealable order under Section 7 I of the Act. When an appeal is provided under the Act, High Court cannot entertain a writ petition without exhausting the appeal remedy provided under the Act before the Competent Appellate Authority Section 7 I of the Act, provides Appeals to the Tribunal. Under these circumstances, the writ petitioner is bound to approach the Tribunal by depositing the amount due as contemplated under Section 7 O of the Act. Proviso to Section 7 O of the Act stipulates that the Tribunal may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this Section.