M/S Celebi Ground Handling Delhi Pvt Ltd & ANR v. Employees Provident Fund Organisation & ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 978/2017 and Crl.M.A.5480/2017 (stay) M/S CELEBI GROUND HANDLING DELHI PVT LTD & ANR ..... Petitioner Through:

Mr. H.K. Chaturvedi, Advocate with Petitioners in person.

versus EMPLOYEES PROVIDENT FUND ORGANISATION & ANR ..... Respondent Through:

Ms.Inderjeet Sidhu, Advocate

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 18.04.2017 Heard for some time.

By the petition at hand, the petitioners question the prosecution on the basis of complaint instituted by the respondents alleging offence punishable under Section 14 (2) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 primarily on the ground that the sanction accorded on 18.08.2015 by the Regional Provident Fund Commissioner-(II), Delhi (South) was bad and premature in as much as the order dated 22.06.2015 whereby certain directions under para 78(3) of the Employees Provident Fund Scheme, 1952 were issued would not come into effect prior to the wage month of September, 2015. It is submitted by the counsel for the petitioners that the trial is yet to commence. The contentions of the petitioners on the above aspect are reserved and may be agitated before the learned trial court at the stage of consideration of the case for putting the petitioners to notice under Section 251 Cr.P.C. With these directions the petition and the application are disposed of. R.K.GAUBA, J.

APRIL 18, 2017 vk