M/S. North India Construction Private Limited v. Employees Provident Fund Organization And ORS.
24.09.2025 Ct. No. 30 S.L. No. 12 SM WPA 22386 of 2025 M/s. North India Construction Private Limited
Versus
Employees' Provident Fund Organization & Ors. Mr. Victor Chatterjee Mr. Sudipta Nayan Ghosh Mr. Arka Chandra Roy ......for the petitioner 1.
Affidavit-of-service filed be kept with the record.
2.
The writ application has been preferred challenging an order dated 09.07.2025 passed under section 14B of the PF Act assessing damages Rs.2,56,252/- for the period from 01.04.2013 to 23.12.2021 and a further demand notice of the same date under section 7Q of the said Act demanding interest of Rs.1,24,700/- for the period from 04/2013 to 06/2021.
3.
On hearing the learned counsel for the petitioner and on perusal of the materials on record it appears that the order under Section 14B of the EPF Act has been passed on 09.07.2025 and the demand for interest has been made on the same date under Section 7Q of the EPF Act on 09.07.2025, and as such the same is a composite order.
4.
It is submitted by the learned counsel for the petitioner that a prayer for review of the said order has been filed before the Regional Provident Fund
Commissioner on 19.07.2025 and the said review has not disposed of as yet.
5.
Considering the said fact the writ application is disposed of with the direction that the respondent RPF authority shall dispose of the review application dated 19.07.2025 filed by the petitioner herein, on hearing the parties and dispose of the same in accordance with law within 60 days from the date of this order.
6.
It is further observed that the composite order (as held herein) under Sections 14B and 7Q of the EPF Act, both being dated 09.07.2025, is an appealable order under the Act and the petitioner shall be at liberty to approach the appellate forum after disposal of the review application, if it is deemed necessary.
7.
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]