JAIN IRRIGATION SYSTEMS LTD. Vs. REGIONAL PF COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel for both the sides for some time.

(2.) This petition takes exception to prohibitory order dtd. 23/1/2025 passed by Respondent Regional Provident Fund Commissioner - I, Nashik, attaching Bank account of petitioner for the recovery of Rs.6,90,17,712.00 towards damages and interest of delayed payment of P.F. contribution. It is claimed by petitioner that this order came to be passed during the pendency of the applicant before CGIT-cum-Labour Court, Nagpur (for short 'Tribunal') for waiver as well as stay application seeking interference in prohibitory order. It is claimed that Tribunal simply adjourned the matter to 4/6/2025. Hence, this petition for quashing the prohibitory order.

(3.) These facts are preceded by show cause notice issued by respondent to petitioner under Sec. 14 B and 7 Q of Employees Provident Fund Act, (EPF Act), for alleged delayed remission of the contribution for period of 1/4/2022 to 25/4/2024. An order came to be passed on 28/10/2024 by respondent imposing damages of Rs.4,62,58,774.00 and interest of Rs.2,37,58,938.00. Being aggrieved by said order, appeal is preferred before Tribunal under Sec. 7-I of EPF Act, being Appeal No. CGIT/NGP/EPFA/89/2024. Along with appeal memo, application for waiver and stay came to be moved. It is alleged that after seeking adjournment, respondent issued impugned prohibitory order dtd. 23/1/2025 under Sec. 8 F of EPF Act, and sought attachment of sole bank account of petitioner. Tribunal was moved to seek relief but hearing is postponed to 4/6/2025. Hence, this petition.