Spi Technologies India Pvt. Ltd., v. The Assistant Provident Fund Commissioner,

M.S.RAMESH, J.

This Court on 30.07.2020 in W.P.No.33759 of 2019 had passed the following interim order:- " 2. It is made clear that the fixed deposit for Rs.1,75,59,960/- shall be invested by the petitioner in any nationalised bank in the name of the Registrar-General of this Court initially for a period of one year and renewable automatically for the same period from time to time. The original receipt of the fixed deposit shall be handed over to the Registrar-General to this Court under written acknowledgement by 28.08.2020."

2. Thereafter, on 01.10.2020, the following order came to be passed:- " 6....

(vi) The amount invested in the Fixed Deposit Account No.6914822657 in the name of the Registrar-General of this Court pursuant to the order dated 30.07.2020 passed by this Court, with accrued interest 1/4

shall be forthwith transferred to the name of the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Chennai and the original receipt shall be handed over to the Central Government Industrial Tribunal-cum-Labour Court, Chennai under written acknowledgement."

3. Registry has now put up a Note dated 02.02.2023 stating that the order passed on 01.10.2020 was not noticed and therefore, steps were not taken in respect of TDS deduction and Fixed Deposit and has now sought for clarification. In this back ground, the matter is listed today.

4. Learned counsel appearing for Employees Provident Fund produced a copy of an order passed by the Division Bench of this Court in W.P.No.2140 of 2021 dated 24.01.2023, in which, the Hon'ble Division Bench has held as follows:

" 8. At this stage, it is represented that pursuant to the interim orders of the Tribunal and subsequent interim orders of this Court, the amount towards EPF Contribution has been remitted before the Tribunal which is lying in 2/4

deposit. The Tribunal is expected to remit the amount to the Employees Provident Fund Organisation within a period of 15 days from the date of receipt of a copy of this order. The Original Authority shall take into account the amount already lying in deposit while arriving at the amount payable by the employer towards EPF contribution.

9. With the above observation and direction, the Writ Appeal is disposed of. No costs.

Consequently, connected Miscellaneous Petition is closed."

5. Since the deposit amount is yet to be transferred to Tribunal, the order of the Hon'ble Division Bench may require incorporation of the facts put up by the Registry in its Note dated 02.02.2023.

6. Therefore, Registry is directed to place the matter before the Hon'ble Acting Chief Justice for obtaining appropriate orders. 13.02.2023 sr 3/4

M.S.RAMESH, J.

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