General Security And Information Service v. Regional Provident Fund Commissioner I. Regional Office, Kolkata And ANR.

08.08.2025 Item No. 08 Ct. No. 30 AN WPA 17755 of 2025 General Security & Information Service Vs Regional Provident Fund Commissioner I Regional Officer, Kolkata & anr.

Mr. Anant Kumar Shaw Mr. Ravi Kumar Dubey Mr. Ronit Deyashi Mr. Shovan Mondal (on V/C) Mr. Madhusudan Chakraborty (on V/C) ... for the petitioner Ms. Aparna Banerjee ... for the State The writ application has been preferred challenging the orders dated 27.12.2024 being Orders No.

R-NE/WB/CAL/25882/CC-I I(DAM)/1223 and R-NE/WB/CAL/25882/CC-I (DAM)/1224 passed under sections 14B and 7Q of the Act and notice of demand in CP-I dated 26.05.2025 under Ref no.

R-Recovery/WB/CAL/25882/EPF/Cert. Case/202526/1215. Both the orders under Sections 14B and 7Q of the EPF Act are dated 27.12.2024. Recovery notice has been issued by the Recovery Officer vide notice dated 26.05.2025 wherein it appears that the said notice is a composite notice for recovery in respect of the orders passed under Sections 14B and 7Q of the EPF Act and as such it appears that the

two orders are a composite order and thus appealable before the tribunal.

Learned counsel appearing for the petitioner has filed a copy of a notice, wherein it appears that the petitioner has already preferred an appeal being No. EPF 22/25 on 04.08.2025 and the matter is pending before the tribunal.

It is submitted that there is a Presiding Officer (in-charge) of the Tribunal at Calcutta. Considering the said facts, the writ application is disposed of with the direction that pending hearing of the appeal, the orders under challenge under Sections 14B and 7Q of the EPF Act alongwith the recovery notice dated 26.05.2025 and the notice issued on 05.08.2025 for recovery of the dues by the Enforcement Officer during the pendency of the writ application and the appeal before the tribunal be stayed till disposal of the appeal by the tribunal.

It is further directed that the respondent authorities shall not proceed with the recovery in the present case till disposal of the appeal.

WPA 17755 of 2025 stands disposed of.

There will be no order as to costs.

Consequently, connected applications, if any, stand disposed of.

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.)