Atlas Copco (India ) Pvt Ltd v. The Regional Provident Fund Commissioner 1 And ANR

k 1/2 902 wp 7207.26 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7207 OF 2026 Atlas Copco (India) Pvt. Ltd.

....Petitioner V/S

1. The Regional Provident Fund Commissioner-I

2. The Recovery Officer, Regional Office ....Respondents _________ Mr. J.P. Cama, Senior Advocate a/w Mr. Ankoosh K. Mehta, Ms. Pragya Chandak, Mr. Siddhant Dhavale i/b Cyril Amarchand Mangaldas for the Petitioner.

Mr. Gunjan Choubey for Respondents.

__________ CORAM : SANDEEP V. MARNE, J.

DATE : 11 JUNE 2026.

P.C.:

1.

The Petition is filed with a limited grievance that the Presiding Officer of Central Government Industrial Tribunal No.2 (CGIT-2) is not available for hearing the application for stay preferred by the Petitioner in the pending Appeal. Mr. Cama, the learned Senior Advocate appearing for the Petitioner submits that the In-charge Presiding Officer is likely to take up matters filed before CGIT-2 between 22 to 26 June 2026. He apprehends that before the application for stay is heard and decided, Respondent-EPFO is likely to take coercive steps against the Petitioner. 2.

I have heard Mr. Choubey, the learned counsel appearing for the Respondents.

3.

In my view, with a view to ensure that Petitioner's application for stay is considered and decided by the CGIT on merits, it would be katkam Page No.

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k 2/2 902 wp 7207.26 as.doc appropriate to restrain the Respondents from taking any coercive steps against the Petitioner towards implementation of orders dated 30 March 2026. At the same time it needs to be ensured that the Application for stay is heard and decided by the CGIT in an expeditious manner. 4.

I accordingly proceed to pass the following order: i) The learned Presiding Officer, CGIT-2 is requested to take up Petitioner's Application for stay filed in the pending Appeal at a day convenient to it during 22 to 26 June 2026 and to decide the same on its own merits.

ii) Till the Application for stay filed by the Petitioner is decided, Respondents are restrained from taking any coercive steps against the Petitioner towards implementation of orders dated 30 March 2026.

5.

It is clarified that this Court has not gone into the merits of the case and has merely made a protem arrangement till Petitioner's application for stay is considered and decided by the Tribunal. 6.

All rights and contentions of the parties on merits are expressly kept open.

7.

With the above directions, the Writ Petition is disposed of. 8.

Parties to act on an authenticated copy of this order. (SANDEEP V. MARNE, J.) Signed by: Sudarshan R. Katkam Designation: PS To Honourable Judge Date: 11/06/2026 18:47:27 katkam Page No.

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