GAJRA RAJA MEDICAL COLLEGE Vs. THE RECOVERY OFFICER

JUDGEMENT

(1.) The present intra Court appeal preferred by appellant/petitioner assails the order dated 05.12.2018 passed by the Single Bench of this Court finally disposing of a petition under Article 226 r/w 227 of the Constitution by which challenge was made to the order dated 17.10.2018 (Annexure P/1) passed by the Regional Provident Fund Commissioner, Gwalior and order dated 15.10.2018 (Annexure P/2) passed by the same authority exercising power of recovery of money due against petitioner/society directing adoption of one of the coercive means available u/S.8 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for brevity "1952 Act").

(2.) Indisputably, the basic orders passed by the Employees Provident Fund Organisation u/S.7-A and 14-B of 1952 Act are already assailed by the appellant/petitioner in an appeal which is pending adjudication before the Central Government Industrial Tribunal-cum-Labour Court, Lucknow in which interim order dated 16.10.2018 has already been passed staying the order passed u/S.14-B and 7-Q of 1952 Act and restraining the EPF Organisation from making recovery.

(3.) The grievance of learned counsel for petitioner primarily stems out of the fact that despite interim order passed by the Tribunal, the RPFC Gwalior has restrained the SBI Branch G.R.