Sinhagad Technical Education Society v. Regional Provident Fund Commissioner I And ANR

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2320 OF 2026 Digitally signed by SHARAYU PANDURANG KHOT Date:

2026.03.05 17:38:33 +0530 SHARAYU PANDURANG KHOT Sinhagad Technical Education Society

...Petitioner

Versus

Regional Provident Fund Commissioner-I & Anr.

...Respondents

---------- Ms. Samiksha Kanani a/w Gayatri Naik for the Petitioner. Ms. Nidhi Chavan a/w Mr. Shrish Rajput for the Respondent-RPFC. ---------- CORAM : R.I. CHAGLA J ADVAIT M. SETHNA, J DATE :

26 February 2026 ORDER :

1.

The learned Counsel for the Respondents submits that the Petitioner has preferred an Appeal before the Central Government Industrial Tribunal-2 ("CGIT"), bearing Appeal No. CGIT-2/EPFA/3 of 2026 on 13th January 2026, which is pending. She has referred to the Notice dated 19th January 2016 which had been issued by the Presiding Officer, CGIT informing all concerned that the Presiding Officer, Nagpur had been assigned additional charge of 1/3

CGIT, Mumbai Court - 2. She has submitted that similar notice is likely to be issued in the beginning of March with regard to functioning of CGIT-2.

2.

The learned Counsel for the Petitioner states that till CGIT-2 hears the Appeal of the Petitioner, protection be granted to the Petitioner, or otherwise, the Respondents are likely to take coercive steps pursuant to the impugned order dated 17th December 2025 which is impugned in the present Petition. 3.

We have considered the submissions. The Petitioner has availed of the alternate remedy of filing Appeal before CGIT-2 from the impugned order dated 17th December 2025. It appears that CGIT-2 is presently not functioning, as mentioned by the learned Counsel for the Petitioner. However, given that a Notice had been issued by the Presiding Officer, CGIT with regard to additional charge of CGIT-2 being assigned to the Presiding Officer, Nagpur in the month of January and a similar Notice which is likely to be issued for the month of March, the Petitioner can pursue its alternate remedy of Appeal before the CGIT-2.

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4.

Till the additional charge CGIT-2 is taken or CGIT-2 becomes operational, Respondent No.2 is directed not to take coercive steps against the Petitioner pursuant to the impugned order dated 17th December 2025.

5.

We request CGIT-2 to dispose of the Appeal of the Petitioner in a time bound manner not later than three months from the date of this order.

6.

Writ Petition is disposed of in the above terms. 7.

There shall be no orders as to costs.

[ADVAIT M. SETHNA, J.] [R.I. CHAGLA J.] 3/3