TOPLINE ASSOCIATES Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The writ petition is filed by the Management against the order dated 07.01.2019, passed by the Central Government Industrial Tribunal-cum-Labour Court, Chennai, directing the petitioner to pay 40% of the amount assessed by the respondent in his proceedings dated 31.07.2018, within a period of one month i.e. on or before 6.2.2019, as a pre-condition to entertain the appeal filed against the said proceedings of the respondent, failing which, it is directed that the appeal will stand dismissed.

(2.) Mr.Ravindran, the learned Senior Counsel appearing for the petitioner would submit that the order passed by the Tribunal is bereft of reasons and therefore, the same is contrary to the express provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. He would draw the attention of this Court to Section 7-O of the Act and proviso to the said Section, which read as under:-

(3.) According to the learned Senior counsel, the Tribunal has to record reasons in writing in case of waiver or reduction of amount to be deposited, under the said Section. In the instant case, the order passed by the Tribunal does not disclose any reasons at all and therefore, the order is required to be interfered with.