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Calcutta High CourtWPA/21326/2024disposed as withdrawn

M/S. Rahaman Hp Gas Agency v. Assistant Provident Fund Commissioner, Behrampore

2024-09-06Hon'Ble Justice Ravi Krishan Kapur2 pages

D/L.11.

September 6, 2024.

MNS.

WPA No. 21326 of 2024 M/s Rahaman HP Gas Agency Vs.

Assistant Provident Fund Commissioner Mr. Surjeet Kumar Khanna, Mr. Santanu Chatterjee, Mr. Soumyak Bhattacharyya, Mr. Rahul Arya ... for the petitioner.

Mr. Avijit Tewary ...for the PF authorities.

In view of the petitioner having availed of the statutory alternative remedy and the pendency of the appeal before the Central Government Industrial Tribunal, Kolkata, challenging the order passed both under Sections 14B and 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, the instant writ petition is not maintainable.

In view of the above, WPA No. 21326 of 2024 stands disposed of as withdrawn.

In view of the fact that the proceedings under Section 7-I of the Act have been initiated against the petitioner, the Appellate Authority, being the Central Government Industrial Tribunal, Kolkata, is requested to expedite the hearing of the above appeal.

It is made clear that there has been no adjudication on the merits of the case and the respondent authorities are at liberty to act strictly in accordance with law.

(Ravi Krishan Kapur, J.)