VISHWA VANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P. Venugopal, learned Senior Counsel representing Mr. P. Shanker Rao Patil, learned counsel for the petitioner and Mr. Dr. B. Manoj Kumar, learned Standing Counsel appearing for respondent Nos.2 to 5.

(2.) Perusal of the record would reveal that respondent No.3 herein had passed an order under Sec. -7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'Act, 1952'), dtd. 28/4/2021. Since it is an appealable order, feeling aggrieved by the said order, the petitioner herein had filed an appeal under Sec. - 7-I of the Act, 1952 vide E.P.F. Appeal 35 of 2021. Along with the said appeal, the petitioner herein had also filed an application to waive the condition of deposit of 75% of the disputed amount and also stay petition. Vide order, dtd. 10/5/2022, the learned Central Government Industrial Tribunal - cum - Labour Court (Employees Provident Fund Appellate Tribunal) at Hyderabad, admitted the appeal on the condition of the petitioner remitting 40% of the assessed dues with the respondents within a period of one 1 month from the date of said order. Proof of remittance shall be produced on or before the next date of posting. The amount, if any, in excess of the amount accounted in the impugned order shall also be taken into account while computing the remittance under Sec. - 7(O) of the Act, 1952. Subject to the said condition, the Tribunal has stayed the impugned order restraining the respondent from taking any coercive action for recovery. The said 40% of the amount would be Rs.4,86,21,621.20ps.

(3.) Since the petitioner could not comply with the said order by depositing 40% of the assessed dues, it has filed an application vide S.R. No.322 of 2022 on 8/6/2022 before the Tribunal seeking extension of time. There is no Presiding Officer in the said Tribunal. It is relevant to note that the petitioner herein had filed a writ petition vide W.P. No.15876 of 2021 challenging the order dtd. 25/5/2021 passed by respondent No.4 herein under Sec. - 7A of the Act,1952.