M/S. Southern Colling Tower Private Limited And ANR. v. Union Of India And ORS.

01.09.2025 Item No.27 BR WPA 18997 of 2025 M/s. Southern Colling Tower Pvt. Ltd.

and anr.

-vsUnion of India and Ors.

Mr.Somnath Bandopadhyay, Mr. Ayaskanta Ghosh, Mr. Partha Ghosh ... for the petitioner Ms. Aparna Banerjee ... for the respondents 1.

The writ application has been preferred challenging the orders dated 23rd July, 2024 passed under Section 7Q of the EPF and MP Act, 1952 and under Section 14B of the EPF and MP Act,1952.

2.

Admittedly, the said order passed on the same date being a composite order is appealable.

3.

Learned counsel appearing for the petitioner submits that appeal could not be preferred as there is no regular presiding officer at the Tribunal.

4.

It appears that both the orders under Section 14B and 7Q have been passed on the same day and a certificate under 8 of the EPF Act has been issued on 11.4.2025 for both the dues i.e. under Section 14B and 7Q of the EPF Act. The said certificate is a composite one.

5.

Considering the said facts the writ application is disposed of with liberty granted to the petitioner to prefer an appeal before the Central Government Industrial Tribunal against the orders dated 23.7.2024 passed under Section 14B and 7Q of the EPF Act within 30 days from the date of this order.

6.

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

7.

Pending hearing of the appeal by the Central Government Industrial Tribunal, Calcutta the orders under challenge dated 23.7.2024 passed under Section 14B and 7Q of the EPF Act and the certificate dated

11.4.2025 under Section 8 of the EPF Act be stayed till disposal of the appeal.

8.

In case no appeal is filed as per leave granted, the order of stay shall stand vacated automatically.

9.

This Court has not gone into the merits of the case.

10. WPA 18997 of 2025 stands disposed of.

11. All parties shall act on the server copy of this order.

( Shampa Dutt (Paul), J. )