Phool Chand Shaw v. Union Of India And ORS.

D/L.7.

September 20, 2024.

MNS.

WPA No. 8228 of 2024 Phool Chand Shaw Vs.

The Union of India and Others Mr. Tapojit Dey ... for the petitioner.

Ms. Aparna Banerjee ...for the PF Authority.

This is an application seeking recovery of dues payable under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. It is alleged on behalf of the petitioner that despite an order being passed in a proceeding under section 7A of the Act, the PF Authorities have deliberately and intentionally not made necessary payments.

On behalf of the PF Authorities, it is submitted that this Court has no jurisdiction to entertain this proceeding on the ground that the proceedings have been initiated by the Regional Office of the Employees'

Provident Fund Organization situated at Lucknow, Uttar Pradesh. The establishment in question is Sahara India Limited. It is also submitted on behalf of the PF Authorities that different authorities including the Central Bureau of Investigation and Enforcement

Directorate are in seisin of proceedings pertaining to the above establishment.

In view of the fact that proceedings have been initiated by the concerned authorities at Lucknow, Uttar Pradesh, this Court has no jurisdiction to entertain this proceeding.

No part of the cause of action has arisen within the jurisdiction of this Hon'ble Court. Nor has the petitioner been able to demonstrate anything which would attract the jurisdiction of this Court. In view of the above, this Court does not have any territorial jurisdiction to interfere with the impugned proceeding.

As such, WPA No. 8228 of 2024 stands dismissed on the ground of maintainability.

Liberty is granted to the petitioner to apply for redressal of his grievance before the appropriate Court having jurisdiction.

(Ravi Krishan Kapur, J.)