Yashwant Auto Pvt. Ltd. Through Its Director Suryakant Baburao Gade v. Regional Provident Fund Commissioner Ii Damages And Another

932.wp.4454.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6576 OF 2022 YASHWANT AUTO PVT. LTD. THROUGH ITS DIRECTOR SURYAKANT BABURAO GADE

VERSUS

REGIONAL PROVIDENT FUND COMMISSIONER II DAMAGES AND ANOTHER ...

Advocate for Petitioner : Mr. Parag Vijay Barde Advocate for Respondent Nos.1 and 2: Mr. Nitin K. Chaudhari ...

CORAM

: MANGESH S. PATIL, J.

DATE : 28.06.2022 PER COURT :

Heard the learned advocate for the Petitioner and the learned advocate for the Respondents.

2.

I have heard the rival submissions of the learned advocates for the respective parties. The Petitioner is aggrieved by the order passed by the Respondent No.1, thereby directing the Petitioner to pay damages of Rs.20,19,673/- under Section 14B of the Employees Provident Fund Act, 1952.

3.

The learned Advocate for the Petitioner fairly submits that CGIT-1, Mumbai has been directing the Appellants, who prefer appeal under Section 7-Q to deposit approximately 20% of amount to the Society under Section 14-B. The Petitioner's establishment is in running condition. The learned Advocate for the Respondents 1/2

932.wp.4454.22.odt submits that CGIT-1, Mumbai normally directs the Appellants to deposit 20% amount of the damages, while entertaining the appeal. 4.

Taking into consideration the facts of the present case, following order is passed:

ORDER

a.

The Petitioner shall deposit 25% of the amount of damages with the Respondents within a period of four weeks from today.

b.

After the Presiding Officer takes charge of the CGIT-1, the appeal preferred by the Petitioner, shall be decided within four months, after giving opportunity of hearing to the parties.

c.

Till then, no coercive steps shall be taken against the Petitioner.

5.

With these directions, Writ Petition is disposed of. (MANGESH S. PATIL, J.) habeeb 2/2