M/S. Kusum Udyog Limited And ANR v. The Regional Provident Fund Commissioner-I, Epfo And ORS

S/L 14 03.11.2025 Court No.1 SD CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CIVIL APPELLATE JURISDICTION MAT 64 of 2025 With CAN 1 of 2025 M/s. Kusum Udyog Limited & Anr.

Vs.

The Regional Provident Fund Commissioner-I & Ors. Mr. Bikramaditya Ghosh Mr. Ved Rai Mr. Mayank Bhandari Mr. Vivek Saha ... for the Appellants.

Mr. Bhaskar Roy Mahashaya ... for the P.F. Authority.

Mr. Aniruddha Mitra, Sr. Adv.

Mr. Debanjan Das Mr. Aditya Chakraborty Mr. Samrat Acharya ... for the Respondent No.5.

The instant appeal is directed against the order dated July 23, 2025 passed by the learned Single Judge in WPA 1498 of 2025 whereby the writ petition was dismissed as not maintainable.

The order dated April 30, 2025 passed by the Regional Provident Fund Commissioner-I under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 was under challenge in the writ petition, the said order is appealable under Section 7-I thereof, in fact an appeal being Appeal No.33 of 2025 has already been filed before the Central Government Industrial Tribunal, Kolkata (CGIT, Kolkata) by M/s. Buxa Dooars Tea Company (India) Limited, the added respondent no.5 herein.

In view of such position of the matter, we do not find any reason to interfere with the order impugned. With the above observation, MAT 64 of 2025 and the connected application being CAN 1 of 2025 are disposed of, there shall be no order as to costs.

Needless to say, it is always open for the appellants to take all point available under the law in the said appeal in their defence.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Ajay Kumar Gupta, J.) (Biswajit Basu, J.)