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Bombay High CourtWP/6024/2024disposed off

Sinhgad Law College Through Principal Dr. Sopan R. Ivare v. Assistant Provident Fund Commissioner Regional Offce

2024-05-02Hon'Ble Shri Justice Amit Borkar4 pages

Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5992 OF 2024 Sinhgad Public School Penal Damages CIR IV Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.05.02 17:10:22 +0530 SHABNOOR AYUB PATHAN WRIT PETITION NO.6000 OF 2024 Sinhgad Institute of Management Regional Office Pune-I WRIT PETITION NO.5999 OF 2024 Venutai Chavan Polytechnic Regional Office Pune-I WRIT PETITION NO.5997 OF 2024 Rasiklal M Dhariwal Sinhgad Technical Institutes Campus Regional Office Pune-I WRIT PETITION NO.5998 OF 2024 Sinhgad Spring Dale Public School

Regional Office Pune-I WRIT PETITION NO.6024 OF 2024 Sinhgad Law College Regional Office WRIT PETITION NO.6005 OF 2024 Sinhgad Institute of Pharmacy Regional Office WRIT PETITION NO.6003 OF 2024 Sinhgad Institute of Technology and Science Regional Office WRIT PETITION NO.6001 OF 2024 RMD Sinhgad Spring Dale School Warje Pune Regional Office, Pune I WRIT PETITION NO.6007 OF 2024 Sinhgad Institute of Technology

Lonavala Regional Office, Pune II WRIT PETITION NO.6002 OF 2024 Sinhgad Institute of Management and Computer Application Regional Office, Pune I WRIT PETITION NO.6004 OF 2024 S. K. N. Sinhgad Institute Technology & Science Lonavala Regional Office, Pune II Mr. V. P. Sawant, Sr. Advocate, Mr. Nitin S. Dhumal, for Petitioner in all writ petitions.

Mrs. Ranjana Todankar, for Respondents.

CORAM

: AMIT BORKAR, J.

DATED : MAY 2, 2024 P.C.:

1.

The challenge in these petitions arises out of an order passed under Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ("EPF Act"). Unlike Section 7A, of the EPF Act, it is not mandatory for petitioner's to pre-deposit

the amount. It is common ground that the Presiding Officer of the Appellate Authority has not been available.

2.

Learned Senior Advocate states that except in Writ Petition Nos.6001, 6002 and 6004 of 2024, in all other writ petitions, the petitioners have not filed statutory appeal under Section 7-I of the EPF Act.

3.

Learned Advocate for the Petitioner undertakes to file such appeals within three weeks from today.

4.

Since, the Presiding Officer of the Appellate Authority under Section 7-I of the EPF Act is not available, and considering the scheme of the EPF Act which does not require the appellant to deposit damages ascertained under Section 14-B of the EPF Act, the petitioner in all petitions deserve to be protected during pendency of the appeals. Hence, following order: (a) Except in Writ Petition Nos.6001, 6002 and 6004 of 2024, the petitioners shall file statutory appeals under Section 7-I of the EPF Act before the Appellate Authority within three weeks from today.

(b) During pendency of the appeals, the Authority under the EPF Act shall not proceed for recovery of the amount. 5.

With this clarification, the writ petitions stand disposed of. (AMIT BORKAR, J.)