LAWS(PAT)-2017-2-18

M/S SASARAM BHABUA CENTRAL COOPERATIVE BANK LIMITED, KARAHGAR MORE, SASARAM, ROHTAS THROUGH THE MANAGING DIRECTOR, NIKESH KUMAR, SON OF LATE NAGESHWAR RAM, RESIDENT OF MOHALLA Vs. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, GOVT. OF INDIA

Decided On February 27, 2017
M/S Sasaram Bhabua Central Cooperative Bank Limited, Karahgar More, Sasaram, Rohtas Through The Managing Director, Nikesh Kumar, Son Of Late Nageshwar Ram, Resident Of Mohalla Appellant
V/S
The Union Of India Through The Secretary, Ministry Of Labour And Employment, Govt. Of India Respondents

JUDGEMENT

(1.) The facts and issues involved in these two cases are common and, hence, they have been taken up together for adjudication.

(2.) The petitioner, M/s Sasaram Bhabua Central Co-operative Bank Limited has filed both these applications for quashing the respective orders passed by the Assistant Provident Fund Commissioner under Sections 14-B and 7-Q of the Employees? Provident Funds and Miscellaneous Provisions Act, 1952 (for short "Act") whereby certain amounts have been levied towards damages and interest upon the petitioner under the provisions of the Act and further, for quashing of warrants of attachment of movable property.

(3.) A preliminary objection has been raised by the respondents regarding the maintainability of the writ application on account of availability of statutory remedy of appeal as provided under Sec. 7-I of the Act.