M/S Centuary Fibre Plates Pvt. ... vs The Employees Provident Fund ...
2014 Latest Caselaw 6668 Del

$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI

                Judgment delivered on 10th December, 2014

+                         W.P.(C) 8742/2014
       M/S CENTUARY FIBRE PLATES PVT. LTD.                   ..... Petitioner
                          Represented by:    Mr.Ashim Vachher and
                                             Mr.Pawash Piyush, Advs.

                          versus

       THE EMPLOYEES PROVIDENT FUND ORGANIZATION & ORS
                                           ..... Respondents
                          Represented by:    Mr.R.C.Chawla with
                                             Mr.D.Rajeshwar Rao, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CM No.20087/2014 (for exemption)

Exemptions allowed, subject to all just exceptions.

Accordingly, the application is allowed.

W.P.(C) No.8742/2014

1. Learned counsel appearing on behalf of the petitioner submits that under the provision of Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, the statutory appeal is provided against the order passed by the Regional Provident Commissioner. Such an appeal

is to be filed before the Employees Provident Fund Appellate Tribunal, New Delhi. The Chairman of the Tribunal has retired and no new incumbent has been appointed by the Government of India.

2. The impugned order dated 17.11.2014 stipulates that the petitioner is liable to remit the employees provident fund's contribution @ 12% including all previous contribution within a period of 15 days from the date of said order.

3. Since, the Tribunal is not in existence, therefore, the directions passed in the order dated 17.11.2014 shall remain stayed.

4. I hereby make it clear that this order shall be enforceable only till the appeal is taken up by the Tribunal.

5. In view of the above terms, the petition is allowed.

6. Dasti.

CM No.20085-86/2014

With the disposal of the instant petition, instant applications have become infructuous and disposed of as such.

SURESH KAIT (JUDGE) DECEMBER 10, 2014 mr