M/S Heera Construction v. Employees Provident Fund Organization

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (L) No.84 of 2017 M/s Heera Construction M I G - 29, R. P. Nagar, Housing Board Colony, Korba, Civil And Revenue District Korba (Chhattisgarh). ---- Petitioner

Versus

1.

Employees Provident Fund Organization (Ministry Of Labour And Employment, Government Of India) Regional Office Chhattisgarh, Block D Scheme No. 32, Indira Gandhi Vyavsaik Parisar, Pandri, Raipur, Tahsil And District Raipur (Chhattisgarh).

2.

The Divisional Railway Manager, Raipur, District Raipur (Chhattisgarh).

3.

The Divisional Engineer (Il), S. E. C. Railway, Raipur, District Raipur (Chha ---- Respondents For Petitioner : Mr. Punit Ruparel, Advocate.

For Respondent No.1 : Mr. Tanuj Patwardhan, Advocate For Respondents No.2 & 3 : Mr. Abhishek Sinha, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/04/2017 (1) This writ petition has been filed by the petitioner herein calling in question the order passed by Assistant Provident Fund, Raipur by which amount of Employees Provident Fund has been determined and damages under Section 14B of the Act has been leveled.

(2) Learned counsel appearing for the respondents No.2 & 3 would submit that order passed by the Assistant Provident Fund

Commissioner, Regional Office, Raipur is appealable before the Employees Provident Fund Tribunal under Section 7(I) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

(3) Since the petitioner has effective remedy of filing an appeal before the Employees Provident Fund Tribunal, I am not inclined to entertain the instant writ petition. Consequently, the writ petition deserves to be and is accordingly dismissed. However, the petitioner is at liberty to file an appeal before the appellate authority under Section 7(I) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

Sd/- (Sanjay K. Agrawal) Judge L/-