M/S Tapi Sahakari Patpedhi Ltd Through Its Manager Madhukar Dattu Bharambe v. The Assitt Provident Fund Commissioner Through Its Standing Counsel For The Respondent

1 924-WP-4422-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4422 OF 2022 M/S TAPI SAHAKARI PATPEDHI LTD THROUGH ITS MANAGER MADHUKAR DATTU BHARAMBE

VERSUS

THE ASSITT PROVIDENT FUND COMMISSIONER THROUGH ITS STANDING COUNSEL FOR THE RESPONDENT ...

Advocate for Petitioner : Mr. Upadhye Vinayak Narayan Advocate for Respondent-Sole: Mr. Nitin K. Chaudhari ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 19th April, 2022 ORDER :

1.

The petitioner is aggrieved by the order dated 15/02/2022 passed by sole-respondent, thereby directing the petitioner to pay an amount of Rs.39,17,912/- under Sections 14-B and 7-Q of the Employees Provident Funds (Misc. Provisions) Act, 1952 (for short "the said Act"). The petitioner has challenged the said order by filing statutory appeal before the Central Government Industrial Tribunal, Nagpur. However, for the present, there is no Presiding Officer available with the Central Government Industrial Tribunal, Nagpur. Hence, the petitioner has approached this Court. Sameer

2 924-WP-4422-2022.odt 2.

The learned Advocate for the petitioner has placed reliance on the order passed by this Court (Coram: Ravindra V. Ghuge, J.) in Writ Petition No.3556/2022 in similar circumstances. 3.

Having heard the learned Advocate for the petitioner and the learned Advocate for the sole-respondent, I am inclined to dispose of this petition.

4.

In view of the above, this petition is disposed of with the following directions :-

ORDER

(a) The petitioner shall deposit 25% of the amount with solerespondent within a period of four weeks from today. On such deposits, the impugned order challenged by the petitioner before the Central Government Industrial Tribunal, Nagpur shall remain stayed. (b) The Central Government Industrial Tribunal, Nagpur shall decide the appeal filed by the petitioner within a period of four months from the date on which Presiding Officer resumes charge. (c) No coercive steps shall be taken against the petitioner on the basis of the order impugned before the Central Government Industrial Tribunal, Nagpur.

(d) With these directions, writ petition is disposed of. [NITIN B. SURYAWANSHI, J.] Sameer