M/S. Jay Bharat Textile And Real Estate Limited v. Regional Provident Fund Commissioner, Employees Provident Fund Organization

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 9327 OF 2013 M/s. Krishna Life Style Technology Ltd.

... Petitioner.

V/s.

Regional Provident Fund Commissioner, Employees Provident Fund Organization.

... Respondent.

WITH WRIT PETITION NO. 9325 OF 2013 M/s. KSL and Industries Ltd.

... Petitioner.

V/s.

Regional Provident Fund Commissioner, Employees Provident Fund Organization.

... Respondent.

WITH WRIT PETITION NO. 9328 OF 2013 M/s. Jay Bharat Textile and Real Estate Ltd.

... Petitioner.

V/s.

Regional Provident Fund Commissioner, Employees Provident Fund Organization.

... Respondent.

WITH WRIT PETITION NO. 9353 OF 2013 M/s. Krishna Knitwear Technology Ltd.

.. Petitioner.

V/s.

Regional Provident Fund Commissioner, Employees Provident Fund Organization.

... Respondent.

WITH WRIT PETITION NO. 9603 OF 2013 M/s. Esskay Knit (India) Ltd.

... Petitioner.

V/s.

Regional Provident Fund Commissioner, Employees Provident Fund Organization.

... Respondent.

Mr. Vijay P. Vaidya for the Petitioner.

Ms. Sangeeta Yadav i/b. Mr. Suresh Kumar for the Respondent. CORAM : N.M. JAMDAR, J.

DATE : 18 NOVEMBER, 2015.

P.C. :- This group of Writ Petitions challenge the order passed by the Employees' Provident Fund Authority Tribunal directing pre-deposit of certain amount under Section 7(O) of the Employees' Provident Fund Act, 1952.

2.

Heard learned Counsel for the parties. The argument advanced by the learned Counsel for the Petitioners is that the authorities have not considered that the amount directed to be deposited exceeds 75% of the claim if the calculations are scrutinized. However, in the Application made under Section 7(O) of the Employees' Provident Fund Act by the Petitioners. This stand is not taken. The learned Counsel for the Petitioners then submits that he will approach the Appellate Tribunal for reconsideration of the order passed by it regarding pre-deposit

placing before it the calculations which are sought to be produced before the Court for the first time.

3.

In view thereof, the Petitions are disposed off by granting liberty to the Petitioners to agitate the grounds which are sought to be urged in these Petitions before the Appellate Tribunal as regard the question of pre-deposit of the amount. To enable the Petitioners to approach the Tribunal, the ad-interim order granted in these Petitions shall continued for period of four weeks. The continuation thereafter will be considered by the Tribunal on its own merits.

4.

Writ Petitions are disposed off accordingly.

(N.M. JAMDAR, J.)