M/S. B.B. Security And Investigation Bureau And ANR. v. Union Of India And ANR.

18.06.2025 Item No.6 Ct. No. 30 Aloke WPA 12872 of 2025 M/s. M.B. Security & Investigation Bureau & Anr. Vs Union of India & Anr.

Mr. Prabir Maji ... for the petitioners Mr. Ujjawal Datta ... for the respondent no. 2/ EPF Authorities 1.

Affidavit-of-service filed be kept with the record.

2.

On being served the respondent/EPF authority is being represented.

3.

The present writ application has been preferred praying for direction upon the respondent authorities not to give effect to the order dated 11.02.2025 passed under Section 7A of the Employees Provident Fund and Miscellaneous Provision Act 1952, by the Assistant Provident Fund Commissioner, Regional Office, Kolkata.

4.

It is submitted that an appeal against the order dated 11th February, 2025 has been preferred before the Central Government Industrial Tribunal, Kolkata. Documents showing that the appeal has been filed on 29.04.2025 has been annexed.

5.

It appears that at present the post of Presiding Officer, CGIT, Kolkata is lying vacant and as an appeal is pending before the CGIT, Kolkata, the

petitioner prays for stay of the order dated 11.02.2025.

6.

It is further submitted that as there is no Presiding Officer, at the CGIT, Kolkata, interim relief staying the said notice could not be prayed for. 7.

Considering the said fact and the materials on record which show that an appeal is pending adjudication before the CGIT, Kolkata, the order dated 11.02.2025 under Section 7A of the EPF Act passed by the Assistant Provident Fund Commissioner, Kolkata be stayed till the matter is taken up for hearing by the CGIT, Kolkata.

8.

Liberty is granted to pray for extension of the order of stay before the CGIT, Kolkata as and when the matter is taken up.

9.

The writ petition stands disposed of.

10.

There will be no order as to costs.

11.

All connected applications, if any, stand disposed of.

12.

Interim order, if any, stands vacated.

13.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)