Solapur Municipal Corporation Throu. The Addl Commissioner v. Regional Provident Fund Commissioner Ii

26-wp-1962-2024.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1962 OF 2024 Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.02.13 10:46:36 +0530 SHABNOOR AYUB PATHAN Solapur Municipal Corporation Through The Additional Commissioner ... Petitioner V/s.

Regional Provident Fund Commissioner II, Regional Officer ... Respondent Mr. Ramdas Hake Patil, for Petitioner.

Mrs. Ranjana Todankar, for Respondent.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 12, 2024 P.C.:

1.

The petitioner is challenging order dated 23 January 2024 passed by respondent No.1 in exercise of power under Section 8-F

(1) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

2.

Learned Advocate for the petitioner states that the petitioner has already deposited interest payable under Section 7-Q of the Act. The order impugned in the appeal is passed in exercise of power under Section 14-B of the Act. Relying on the judgment in the case of M/s. Shiv Harbal Res. Laboratory Vs. Assistant Provident Fund Commissioner, reported in (2010) 0 Supreme (SC)

26-wp-1962-2024.doc 1530. He submits that the principles of 7-O of the Act cannot be read into Section 7-I in relation to appeals under Section 14-B of the Act.

3.

Having considered the observations made by the Apex Court in the said judgment and in absence of availability of Appellate Authority, it would be in the interest of justice that during pendency of present petition, the order passed by the Authority under Section 14-B of the Act needs to be stayed. Hence, during pendency of the present writ petition, there shall be ad-interim relief in terms of prayer clauses (b) and (c). 4.

To be heard along with Writ Petition No.1539 of 2024. 5.

Stand over to 7 March 2024.

(AMIT BORKAR, J.)