M/S Phi Seeds Pvt. Ltd. vs Union Of India & Anr.
2014 Latest Caselaw 7071 Del

S7

         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Judgment delivered on: 22.12.2014

W.P.(C) 9151/2014

M/S PHI SEEDS PVT. LTD.                                    ..... Petitioner

                             versus

UNION OF INDIA & ANR.                                       ..... Respondents
Advocates who appeared in this case:

For the Petitioner    : Mr. Ashish Virmani, Advocate with Ms. Bandana Grover, Advocate
For the Respondents   : Mr. R.C. Chawla, Advocate

CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL

                                 JUDGMENT

SIDDHARTH MRIDUL, J (ORAL)

CM No.20835/2014 (Exemption)

The exemption is granted subject to all just exceptions.

The application is disposed of accordingly.

W.P.(C) 9151/2014 & CM No.20834/2014 (Stay)

1. The petitioner was assessed under Section 14B of the Employees'

Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter

referred to as 'the said Act') on account of delayed remittance of PF dues.

The Regional Provident Fund Commissioner-II, Hyderabad made a

determination under Section 14B and 7Q of the said Act levying damages on

the petitioner by way of order dated 29.06.2012.

2. The petitioner preferred an appeal against the said order before the

Employees' Provident Fund Appellate Tribunal (hereinafter referred to

as 'EPFAT'). The impugned order dated 30.09.2014 has been passed by the

EPFAT dismissing the appeal of the petitioner by way of order dated

30.09.2014.

3. The petitioner has filed an application dated 02.12.2014 for

rectification of the mistake apparent from the record against the order of

EPFAT dated 30.09.2014 and has also sought stay against the order of

demand issued by respondent No.2 therein.

4. Mr. Ashish Virmani, counsel appearing on behalf of the petitioner as

well as Mr. R.C. Chawla, counsel appearing on behalf of the respondent

submit that the Presiding Officer of the Tribunal has retired and,

consequently, the application for rectification filed on behalf of the petitioner

would be heard only when a new appointment to the post of Presiding

Officer is made.

5. Having heard counsel for the parties, it is felt expedient to pass the

following directions:-

Until the application for rectification of mistake apparent from the record, filed vide diary No.3895 dated 02.12.2014, is disposed of by EPFAT, no coercive steps shall be taken to enforce the demand. It is hoped and expected that the EPFAT once constituted, shall hear and dispose of the application for rectification and the stay application filed by the petitioner before it, as expeditiously as possible, preferably within a period of 30 days.

6. With the above directions, the writ petition stands disposed of. The

pending application also stands disposed of.

7. Dasti.

SIDDHARTH MRIDUL, J DECEMBER 22, 2014 dn