Hotel Apsara Pvt.Ltd v. F.P.Fund Commnr.Andanr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 14744 of 2010 M/s. Hotel Apsara Pvt. Ltd.

....

Petitioner Mr. B. Barik, Advocate -versusF.P. Fund Commnr. and anothers ....

Opposite Parties Mr. P. Mohapatra, ASC Mr. S.K. Pattnaik, Advocate CORAM: JUSTICE V. NARASINGH

ORDER

15.07.2022 Order No.

07.

1.

This matter is taken up through hybrid mode.

2.

Heard Mr. B. Barik learned counsel for the petitioner and Mr. Pattnaik learned counsel for the Opposite Parties. 3.

Being aggrieved by the order dated 28.07.2010 passed by the Employees Provident Fund Appellate Tribunal New Delhi in dated 28.07.2010 in ATA No.235 (10) of 2007 thereby affirming the order passed by the Adjudicating Authority under Section 14-B of the E.P.F Act is assailed in the present Writ Petition. 4.

It is apt to note here that the petitioner had earlier move this Court in O.J.C No.2797 of 1998 and leave was granted to approach the tribunal.

5.

The primary ground of defence of the petitioner was that the delay of compliance was on account of litigation. The said aspect has been dealt with the tribunal referring to case law. On going through the records, this Court does not find any infirmity so as to warrant interference.

6.

During the pendency of the present Writ Petition it was noted by the petitioner has deposited a sum of Rs.75,000/-. It is also contended that the learned counsel for the petitioner that further amount has also been deposited which is not been taking into account by the E.P.F authorities.

7.

It shall be open to the petitioner to bring to the notice of the authorities the amount paid as stated in Para-13 so as to quantify its liability.

8.

The writ petition accordingly stands disposed of. 9.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi