M/S Bela Enterprises v. The Regional Provident Fund Commissioner And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9152 of 2018 ====================================================== M/s Bela Enterprises Makhdumpur, P.O.-Khagaul, P.S.-Danapur, DistrictPatna through its Proprietor Ravi Bhushan, S/o Sri Saryug Prasad, Resident of Nandanpuri, Maurya Path, P.O.- B.V. College, P.S.- Rajiv Nagar, DistrictPatna. ... ... Petitioner/s

Versus

1.

The Regional Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishyanidhi Bhawan, R. Block, Road No.6, P.S.-Sachiwalaya, District-Patna-800001. 2.

The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishyanidhi Bhawan, R. Block, Road No.6, P.S.-Sachiwalaya, District-Patna-800001. 3.

The Recovery Officer, Employees Provident Fund Organization, Regional Office, Bhavishyanidhi Bhawan, R. Block, Road No.6, P.S.-Sachiwalaya, District-Patna-800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Maheshwar Prasad Srivastava, Advocate Mr. Jainandra Kumar, Advocate For the Respondent/s :

Mr. Madhav Krishna, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned counsel for EPFO.

In this case, the petitioner is only seeking interim protection against any coercive steps under Section 8-B to 8-G of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 for recovery of assessed amount.

Counsel for the petitioner submits that an order has already been passed under Section 7 A of the Act for Rs.15,36,233/- and against that the petitioner has filed an appeal

Patna High Court CWJC No.9152 of 2018(3) dt.04-07-2019 2/2 before the Central Government Industrial Tribunal-II, Dhanbad, in support of the same, he has produced a copy of the appeal showing case number and a receipt showing signature of the Registrar, CGIT, Dhanbad.

In such view of the matter, this Court directs that upto thirty days no coercive action will be taken against the petitioner.

In the meantime, the petitioner, if so advised, will be at liberty to obtain the order of stay within the aforesaid period and this order of stay for no coercive action will automatically cease to operate after thirty days.

With this observation and direction, this petition stands disposed of.

(Shivaji Pandey, J) V.K.Pandey/- U