Kalpataru Cold Storage Pvt. Ltd. v. The Regional Provident Fund Commissioner, Employees Provident Fund Organization And ORS.

15.12.2025 Item No.21 Crt.No.10 b.r. WPA 24684 of 2025 Kalpataru Cold Storage Pvt. Ltd.

-vsThe Regional Provident Fund Commissioner Employees P.F. Organisation & Ors. Mr. Swarup Paul Mr. G.S. Dutta Mr. Anish Roy ..... for the petitioner.

Mr. Bhaskar Dutta Gupta Ms. Sana Khatoon .... For the respondents.

1. Affidavit-of-service filed in Court be kept with the record.

2. The writ petition has been preferred challenging inter alia, the orders dated 13.05.2024 passed under Sections 7Q and 14B of the Employees'

Provident Funds and Miscellaneous Provisions Act, 1952 thereby charging interest and levying damages against the petitioner's establishment for the period from 01.04.2017 to 31.03.2024.

3. It appears that the writ application was filed as the Central Government Industrial Tribunal did not have a regular Presiding Officer at the relevant time.

4. The orders under Section 14B and 7Q of the EPF Act, both dated 13.05.2024 being a composite order is appealable before the CGIT, Kolkata.

5. An appeal against the orders has been preferred before the Industrial Tribunal on 28.10. 2025 by the petitioner.

6. Learned counsel for the EPF authority has submitted a copy of the cause list before the CGIT, 2 Kolkata which shows that the matter is fixed for hearing/ admission before the Presiding Officer In-Charge on 09.01.2026.

7. Accordingly, the writ application is disposed of with the direction that the petitioner shall pursue the appeal before the Tribunal, which is pending for hearing and admission on 28.10.2025.

8. Pending disposal of the appeal by the CGIT, Kolkata, the orders under challenge dated 13.05.2024 under Section 14B and 7Q of the EPF Act be stayed till disposal of the appeal.

9. Writ application stands disposed of.

10.

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

11.

Interim order, if any, stands vacated.

12.

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

(Smita Das De, J.)