M/S K.M. Asghar Husain College Of Education, Akola Thr. Its I/C Principal v. Assistant Provident Fund Commissioner, Akola

wp1611.22.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.16 OF 2022 (M/s K. M. Asghar Husain College of Education, Akola, thr. its I/c Principal Vs. Assistant Provident Fund Commissioner, Akola) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Mr. P. S. Gawai, Advocate for Petitioner.

Mr. H. N. Verma, Advocate for Respondent.

CORAM: N. R. BORKAR, J.

DATE: 21 st OCTOBER, 2024.

The petitioners were constrained to file the present petition as at the relevant time Employees Provident Fund Appellate Tribunal was not functional. Considering the facts and circumstances this Court on 23.03.2022 passed the following order:

Issue notice for final disposal, returnable on 20-4-2022.

2.

Learned counsel, Mr. Verma waives service of notice for the respondent.

3.

While the order impugned is appealable before the Tribunal, to the extent the petitioner is directed to pay damages by invoking power under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, it is not in dispute that the Tribunal is not functioning since the office of Presiding Officer is vacant.

4.

In this view of the matter, till the returnable date, there shall be no coercive

wp1611.22.O.odt recovery from the petitioner to the extent of demand towards damages.

2.

I am told that now the said Appellate Tribunal is functional.

3.

In that view of the matter, the following order is passed:

[i] The Appellate Tribunal shall endeavour to decide the appeal filed by the petitioner as early as possible.

[ii] The interim order passed by this Court dated 23.03.2022 shall remain in operation till decision of the appeal.

4.

The petition is disposed of, in the aforesaid terms. (N. R. BORKAR, J.) NSN