Kshetriya Shri Gandhi Ashram v. Employees Provident Fund Organisation Nidhibhawan And ANR.

21.08.2025 Ct. No. 30 S.L. No.11 SM WPA 17981 of 2025 Kshetriya Shri Gandhi Ashram

Versus

Employees Provident Fund Organization & Anr.

Mr. Ranjay De, sr. adv.

Mr. N. Rakshit Mr. B. Banerjee Mr. A.A. Bose ......for the petitioner Mr. Avijit Tewary ......for the respondent no. 3 1.

The writ application has been preferred challenging orders dated 20.06.2025 passed under Section 14B and 7Q of the EPF Act along with a demand notice also dated 20.06.2025 passed by the respondent/EPF authorities.

2.

Learned counsel for the respondent has relied upon the judgment of the Supreme Court passed in [Arcot Textile Mills Limited Versus Regional Provident Fund Commissioner (AIR 2014 SC 295)] and has submitted that an order under Section 7Q of the EPF Act is not appealable and as such the petitioner cannot appeal against the said order. 3.

This Court relies upon its judgment/order passed in WPA 19799 of 2005, M/s. Vijai Shree Ltd. & Anr. vs Regional P.F. Commissioner, (Jute) & Ors., decided on 25.02.2025 and WPA 12044 of 2025, M/s. Selvel Advertisement Pvt. Ltd. vs Regional Provident Fund Commissioner & Ors., decided on 18.06.2025, wherein this Court has

categorically held that orders passed on the same day in respect of the provisions which are connected to each other are a composite order and as such the composite order is appealable and Arcot Textile Mills (supra) has been referred to in the said judgment/order.

4.

On hearing the parties, the writ application is disposed of with liberty granted to the petitioner to prefer an appeal against the said orders within 30 days from the date of this order.

5.

Period of limitation is extended accordingly in the interest of justice.

6.

Pending hearing of the appeal by the Tribunal (not fully functional), the orders under challenge shall remain stayed and the respondent authority shall not take any coercive action against the petitioners herein.

7.

It is made clear that in case an appeal is not preferred as directed, the order of stay shall stand automatically vacated on expiry of the period mentioned above.

8.

Writ application stands disposed of.

9.

Applications, if any, connected thereto stand disposed of consequently.

10.

Interim order, if any, stands vacated.

11.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]