VIJAI ELECTRICALS LTD Vs. E.P.F.O.

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and perused the order dated 04.09.2019 passed by the Central Government Industrial Tribunal -cum- Labour Court, Lucknow, which is also functioning as Appellate Tribunal under the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

(2.) The limited prayer of the petitioner in this petition is to set aside a part of the order dated 04.09.2019 passed by the Appellate Tribunal. It has been submitted that although the appeal is pending before the Appellate Tribunal, Lucknow i.e. Appeal No. 40 of 2019 (M/s Vijay Electricals Ltd. Vs. RPFC, Dehradun and another) and the Appellate Tribunal has also granted stay of operation of impugned order passed by the Regional Provident Fund Commissioner-I, Dehradun, the liability of the pre-deposit of 40% of the assessed amount has been imposed, which the petitioner has to deposit within a period of four weeks through the demand draft, to get the benefit of interim order.

(3.) It has been submitted by learned Counsel for the petitioner that petitioner had moved an application for waiver of the pre-deposit amount under Section 7-O of the Act, but without recording any submissions made in the said application, the direction was issued for depositing 40% of the assessed amount within four weeks with the Tribunal. While entertaining the appeal, the order impugned was stayed.