M/S Protex Computer Pvt Ltd &ORS v. Employees Provident Fund Organisation &ORS

06.08.2025 Ct. No. 30 S.L. No. 16 Aloke WPA 34150 of 2014 M/s. Protex Computer Private Limited & Anr.

Vs.

Employees Provident Fund Organisation & Ors.

Mr. S.R. Saha ......for the petitioners Mr. Mihir Kundu ......for the P.F. Authority 1.

Affidavit-in-reply filed be kept with the record. 2.

The writ application has been preferred challenging the order dated 30.10.2014 bearing Reference No.

A/045/WB/Cal/48451/Damage1/RO/Kol/444 & No.

A/045/WB/Cal/48451/RO (Kol)/444(1) under Sections 14B and 7Q of the EPF Act.

3.

Both the orders have been signed on 30.10.2014 and is thus a composite order.

4.

Admittedly, the order being a composite order is appealable before the Tribunal but without preferring an appeal the petitioner has approached the writ Court. No grounds to entertain the same as an alternative remedy is made out.

5.

Accordingly, the writ application is disposed of with liberty granted to the petitioner to prefer an appeal before the Tribunal within 30 days from the date of this order. The period of limitation is also

extended for 30 days from this date in the interest of justice.

6.

It appears that an interim order was granted by this Court vide its order dated 12.02.2015. Accordingly, pending hearing of the appeal (the Tribunal is vacant) the orders under challenge be stayed till disposal of the appeal.

7.

It is made clear that in case no appeal is preferred within the time granted, the order of stay shall stand automatically vacated.

8.

The petitioner has deposited an amount before the Registrar General, High Court, Calcutta.

9.

Leave is granted to withdraw the amount deposited on completion of due formalities.

10.

The writ application is disposed of.

11.

Connected application, if any, stands disposed of.

12.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

[Shampa Dutt (Paul). J]