Meghalaya Government vs . Regional Provident Fund
2022 Latest Caselaw 637 Meg

 Serial No. 01
 Supplementary List
                      HIGH COURT OF MEGHALAYA
                            AT SHILLONG

WP(C) No. 445 of 2022
                                         Date of Decision: 31.10.2022

Meghalaya Government               Vs. Regional Provident Fund
Construction Corporation Ltd.          Commissioner-II

Coram:
                Hon'ble Mr. Justice H. S. Thangkhiew, Judge


Appearance:
For the Petitioner(s)         :   Mr. S.D. Upadhaya, Adv.

For the Respondent(s)         :   Ms. P. Bhattacharjee, Adv.

i) Whether approved for reporting in Yes/No Law journals etc:

ii) Whether approved for publication Yes/No in press:

JUDGMENT AND ORDER (ORAL)

1. Mr. Mr. S.D. Upadhaya, learned counsel for the petitioner.

2. Issue notice.

3. Ms. P. Bhattacharjee, learned Standing counsel for the

respondent is present and accepts notice on behalf of the sole

respondent.

4. It is submitted by the learned counsel for the petitioner that

pursuant to the order dated 26.08.2022, passed by the respondent under

Sections 14B and 7Q of the Employees' Provident Fund and

Miscellaneous Provisions Act, 1952, wherein certain recoveries are to

be made, the writ petitioner has filed a statutory appeal before the

Central Government Industrial Tribunal, Guwahati. However, he

submits as the Tribunal is not available presently, the writ petitioner

anticipates that some coercive action may be taken against the writ

petitioner and the relief sought for may be rendered infructuous. As

such, he submits that his limited prayer is that till the Tribunal sits, some

interim protection be given.

5. Ms. P. Bhattacharjee, learned Standing counsel for the sole

respondent has vehemently opposed the prayer made by the learned

counsel for the petitioner and submits that at least they should show

their bona fides by depositing 50% of the amount. She has also touched

on the merits, which this Court is not inclined to enter into, as the

limited prayer is for non-execution of the impugned orders, in the

interim till the Tribunal sits.

6. Considering the facts, and as it is not disputed that the

Presiding Officer, Central Government Industrial Tribunal, Guwahati is

not available, till 17.11.2022, the tentative date fixed for the matter to

be taken up, in the interest of justice, it is directed that no coercive

action shall be taken against the writ petitioner until the Central

Government Industrial Tribunal, Guwahati takes up the matter for

admission. It is understood that as soon as the Tribunal sits, there shall

be no delay on the part of the petitioner to move the appeal.

7. With the above noted directions, this writ petition stands

closed and is accordingly disposed of.

JUDGE

Meghalaya 31.10.2022 "V. Lyndem-PS"