Young Bengal Cooperative Labour Contract Society Ltd. And ANR v. Chairman, Employees Provident Fund Organisation And ORS

05.08.2025 Item No. 13 Ct. No. 30/AN WPA 17047 of 2025 (CAN 1 of 2025) Young Bengal Co-operative Labour Contract Society Ltd. & anr.

vs.

Chairman, Employees Provident Fund Organisation & ors. Mr. Bharat Bhushan ... for the petitioners Mr. Rajib Ray ... for respondent nos. 1 to 3 Mr. Siddhartha Banerjee Ms. Anamika Pandey Ms. Sneha Singh ... for Railway Authorities CAN 1 of 2025 is moved with a prayer to stay an order passed by the authorized officer under Sections 14B and 7Q of the E.P.F. Act.

Admittedly, the petitioners have not enclosed a copy of the said order on the ground that they have not been served with the same.

Supplementary affidavit has been filed alongwith the notice by the Recovery Officer dated 07.07.2025, wherein an order has been issued to the concerned bank to freeze the said petitioners' bank account for recovery of the amount as per the order under challenge.

Though a copy of the order has not been annexed, copy of the notice issued by the Recovery Officer dated 30.04.2025 is annexed to the writ application, wherein it appears that a composite order under Sections 14B and

7Q of the E.P.F. Act has been passed in this case and the same is appealable before the concerned Central Government Industrial Tribunal.

It is submitted by the learned counsel appearing for the petitioner that as the Tribunal is without a Presiding Officer, the present writ application has been preferred. Considering the materials on record and the submissions of the respective parties and in view of the fact that the order under challenge (not enclosed) being an appealable order, the writ application is disposed of with liberty granted to the petitioner to approach the concerned CGIT, by preferring an appeal within a period of 30 days from the date of this order. The period of limitation be extended accordingly for a period of 30 days from the date of this order.

Pending hearing of the appeal, the recovery notices dated 30.04.2025 and 07.07.2025 be stayed till disposal of the appeal.

It is further made clear that in case no appeal is preferred within the period as directed, the order of stay shall automatically stand vacated and the authority concerned including the Recovery Officer shall be at liberty to proceed in accordance with law.

Thus, CAN 1 of 2025 stands disposed of.

Other connected applications, if any, also stand disposed of.

There will be no order as to costs.

Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Shampa Dutt (Paul), J.)