Ravi And ORS v. Employees Provident Fund Organisation Through Central Provident Fund Commissioner And ORS

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15583/2023, CM APPL. 62374/2023, CM APPL.

40019/2025 RAVI AND ORS .....Petitioners Through:

Mr. Khagesh B Jha, Ms. Shikha Sharma Bagga, Mr. Ankit Mann and Ms. Jyoti Shokeen, Advocates.

versus EMPLOYEES PROVIDENT FUND ORGANISATION THROUGH CENTRAL PROVIDENT FUND COMMISSIONER AND ORS .....Respondent Through:

Mr. Himanshu Rai, Advocate for R-1.

Mr.

Gaurav Dhingra and Mr.

Shashank Singh, Advocates for R-2.

Mr. Rajiv Arora, Advocate for respondent no.4.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 10.07.2025 1.

By way of present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks the following prayers :- "A. pass an appropriate writ order or directions to R1 & R2 to initiate the proceedings prescribed under Section 8B to 8G of the EPF&MP Act, 1952 to recover the amount calculated of Rs. 9,26,500/- of P1 for the period from 01.04.2011 to 30.04.2018, Rs 9,37,000/- of P2 for the period from 01.01.2007 to 06.10.2017 and Rs. 12,38,500/- of P3 for the period from 01.04.2007 to 30.04.2018 as assessed vide order dated 09.12.2019 (ANNEXURE-P1Colly) passed by the R2 to be recovered from R4 along with penal damages and interest qua section 14B & 7Q of the Act in time bound manner; B. pass an appropriate writ, order or direction to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2025 at 12:45:10

respondents no. 1 & 2 to assess the PF and allied dues of the petitioners no. 1 & 3, w.e.f. 01.05.2018 till date from R4 school for the period of employment along with 12% interest from the date of the amount due till its realization;

C. pass an appropriate writ order or direction to the respondents to ensure that the R4 school would pay subsequent contribution of PF and allied dues by the R4 school every month as prescribed under EPF& MP Act, 1952;" 2.

Learned counsel for respondent No. 4, refers to its counter affidavit and the order dated 08.04.2021 passed by the Presiding Officer, Labour Court, to submit that the issue insofar as prayer (A) of the present petition is concerned, is still pending consideration before the Appellate Authority. It is also submitted that the operation of the order dated 09.12.2019 passed by respondent No.2 is stayed under the said proceedings, vide order dated 11.11.2021.

3.

I find force in the contention of the learned counsel for respondent No. 4 that the petitioner's entitlement upto to the year 2018 is already under consideration of the concerned Authority and the petitioner's entitlement beyond the year 2018 would depend on the outcome of the same. In view thereof, the present petition is disposed of alongwith pending applications. 4.

Needless to state that this Court has not commented upon the merits of the case of either side. The parties shall be entitled to raise their submissions before the Appellate Authority.

5.

The Appellate Authority will consider the petitioner's prayers on its own merits.

MANOJ KUMAR OHRI, J JULY 10, 2025 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2025 at 12:45:10