Bombay High CourtWP/7136/2014dispossed offdismiss for default

Vidya Mandir High School Kamptee Colliery, Kanhan Through Its In-Charge Head-Mistress v. Assistant Provident Funds Commissioner, Nagpur And Another

2016-07-20Hon'Ble Shri Justice Z.A. Haq3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.7136/2014 Vidya Mandir High School Kamptee Colliery, Kanhan, Tah. Parseoni, Distt. Nagpur, through its In-charge Headmistress ..VS..

Assistant Provident Funds Commissioner Regional Office, Raje Raghuji Nagar, Nagpur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 20.7.2016.

Heard Shri S.S. Ghate, Advocate for the petitioner, Shri (Dr.) R.S. Sundaram, Advocate for the respondent Nos.1 and 3 and Shri M. Anilkumar, Advocate for the respondent No.2.

The respondent No.1, by the order dated 26th September, 2014, has directed the petitioner to deposit amount of Rs.18,67,949/- as per the provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and the Scheme framed under it. This order is challenged by the petitioner before the Employees Provident Funds Appellate Authority and an application praying for interim order is also filed. The Appellate Authority, by the impugned order, has stayed the order passed by the respondent No.1 - Assistant Provident Funds Commissioner on condition that the petitioner deposits an amount of Rs.10,00,000/- within four weeks. This order is challenged by the petitioner. As the matter is pending before the Appellate Tribunal, I refrain from delving into the merits of the matter.

2 wp7136.14 In my view, considering the facts of the case, the following order would sub-serve the ends of justice.

(i) The Appellate Tribunal shall dispose the appeal filed by the petitioner within six months.

(ii) The orders passed by the respondent No.1 - Assistant Provident Funds Commissioner on 26th September, 2014 and 1st October, 2014 shall stand stayed till the decision of the appeal by the Appellate Tribunal. (iii) The petition is allowed in the above terms.

(iv) In the circumstances, the parties to bear their own costs.

JUDGE Tambaskar.

3 wp7136.14 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 20.7.2016.

Personal Assistant.