AISHWARYA FEEDS Vs. ASST. PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) What is impugned in this writ petition, is the order passed by the Industrial Tribunal in E.P.F.A.No.543/2017 directing the management to pay 40% from the assessed amount on or before 05.07.2019 as pre-deposit.

(2.) Mr.T.M.Pappiah, learned counsel for the petitioner/ management would submit that the management is going through severe financial crisis and is unable to cough up the funds towards the payment of 40% of the assessed amount. According to him, the management has got a good case in the appeal. According to him, substantial loans have been sanctioned and therefore, a direction for payment of 40% to deposit is little more onerous while considering the financial status of the Corporation.

(3.) At this, the learned counsel appearing for the respondent organisation would stoutly oppose for interfering with the quantum of percentage arrived at by the Tribunal since the Tribunal having considered the financial status of the petitioner/management, thought it fit to reduce the deposit from 75% to 40% and this by itself is a concession and indulgence shown by Tribunal. Over and above, the petitioner/management cannot be extended any other concession. According to him, the petitioner/management has to pay huge amount towards contribution and also interest accrued thereon. Therefore, he would submit that the order per se passed by the Tribunal does not suffer from any infirmity, calling for interference by this Court.