Anjali Microfin Private Limited v. Regional Provident Fund Commissioner And ORS.

29.10.2025 Item No.17 BR WPA 8840 of 2021 Anjali Microfin Pvt. Ltd.

-vsRegional Provident Commissioner and Ors.

Mr. Ravi Kumar Dubey .... For the petitioner 1.

Learned counsel appearing for the petitioner is present.

2. The matter was heard on 13.4.2021. As none appears for the for the respondent Regional Provident Fund Commissioner, Ms.

Aparna Banerjee who is present in Court, an empanelled lawyer of the Employees'

Provident Fund authority is appointed to represent the authorities in this case. Let her appointment be regularized by the appropriate authority.

3. Petitioner to serve copy of the pleadings upon the learned counsel for the Regional Provident Fund Authorities.

Writ Petiton 1.The writ application has been preferred challenging an order

dated 5.11.2019 pased by the Regional Provident Fund Commissioner-II under Section 14B and 7Q of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

2.On hearing the parties , it appears that the said order is a composite order , both dated 5.11.2019 and this being a composite order is an appealable order.

3. It is submitted by the learned counsel for the petitioner that the writ application was preferred as there was no Presiding Officer in the Tribunal, which is also the case at present. The Tribunal at Kolkata admittedly does not have a full time Presiding Officer.

4.Considering that the said order is an appealable order, the writ application is disposed of with the direction that the petitioner shall prefer an appeal within 30 days from the date of this order which the Tribunal shall admit.

Period of limitation is hereby extended accordingly in the interest of justice for a period of 30 days.

5. Pending hearing of the appeal before the Tribunal the order dated 5th November, 2019 be stayed till disposal of the appeal by the Tribunal.

6. It is made clear that this Court has not gone into the merits of the case and if an appeal as per liberty is granted is not preferred, the order of stay granted shall stand automatically vacated.

7. Writ application stands disposed of.

8. Urgent Photostat certified copy of this order, if applied for, be given to the learned counsel for the parties on usual undertakings.

( Shampa Dutt (Paul), J. )