M/S Bnp Engineering Projects Pvt. Ltd. And ANR. v. Regional Provident Fund Commissioner And ANR.

06.01.2026 Item No.11 BR WPA 27444 of 2025 M/s. BNP Engineering Projects Pvt. Ltd.

and another -vsRegional Provident Fund Commissioner and anr.

Mr. Uddipan Banerjee, Mr.Subhrakanti Samanta ...for the petitioner Ms. M. Roy, Mr. Sabyasachi Roy, Ms. Ankita Chowdhury, Mr. Atanu Sur ... for the respondents

1. The writ application has been preferred praying for setting aside of the two orders dated 14th August, 2025 passed under Section 14B and Section 7Q of the EPF and MP Act, 1952 and direction upon the respondent authorities to recall and /or rescind the Bank attachment Notice dated 12th November, 2025 wherein the authority proposed to recover an amount of Rs.

20,52,350/-.

2. It appears that both the orders passed under 14B and 7Q of the EPF Act have been on the same date that is

14.8.2025 and thus appear to be a composite order.

3. It is submitted by the learned counsel for the petitioner that as there is no regular Presiding Officer at the Central Government Industrial Tribunal, Kolkata , the petitioner herein has been unable to approach the tribunal for relief.

4. Considering the said facts, the writ application is disposed of with the direction that the petitioner herein shall prefer an appeal against the impugned orders challenged in the present case by treating the same as a composite order before the Central Government Industrial Tribunal , Kolkata within 15 days from the date of this order. The period of limitation is waived accordingly in the interest of justice.

5. It is further directed that the said orders dated 14.8.2025 shall remain stayed till the matter for continuation of stay order is taken up by the Central Government Industrial Tribunal.

6. It is made clear that in case the petitioner does not prefer an appeal within 15 days as permitted, the order of stay in respect of notices shall stand vacated automatically and the respondent authorities shall be at liberty

to proceed in accordance with law against the petitioner.

9 WPA 27444 of 2025 stands disposed of.

10. Urgent Photostat certified copy of this order, if applied for, be given to the learned counsel for the parties on usual undertakings.

( Shampa Dutt (Paul), J. )