WPMS/1465/2021
2021 Latest Caselaw 2687 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
        ON THE 29TH DAY OF JULY, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


  WRIT PETITION (M/S) No. 1465 of 2021

BETWEEN:

The Board of Directors of the Woodstock
School & Teachers Training College, Landour.
                                              ..........Petitioner
      (By Mr. Shikhar Kacker, Advocate)

AND:
Regional Provident Fund Commissioner
Dehradun-1 & others.
                                              ....Respondents

      (By Bhupendra Singh Bisht, Advocate for respondent no.
      1, Ms. Monika Pant, Advocate for respondent no. 2 & Mr.
      Dharmendra Barthwal, Advocate for respondent no. 3.)


                      JUDGMENT

Regional Provident Fund Commissioner- I, Dehradun passed an order under Section 7A of Employees Provident Funds & Miscellaneous Provisions Act, 1952 against the petitioner on 31.03.2021, whereby liability of ` 1,66,69,656/- was fastened upon the petitioner. Feeling aggrieved by the said order, petitioner filed review application, which was rejected by Regional Provident Fund Commissioner-I, Dehradun vide order dated 08.07.2021.

2. Petitioner thereafter filed an Appeal, which is pending before the Central Government Industrial Tribunal, Lucknow. In this writ petition, petitioner has challenged the order dated 13.07.2021 passed by Recovery Officer/Regional Provident Fund Commissioner-II, Dehradun, whereby the Branch Manager, Union Bank of India, Mussoorie has been asked to seize the bank account of the petitioner.

3. Learned counsel for the petitioner has referred to one order passed by this Court in Writ Petition (M/S) No. 1099 of 2021 and he submits that the facts of the present case are identical to the facts of the said case. He further submits that the present writ petition may also be disposed of in terms of the said order.

4. Learned counsels for respondents do not dispute the aforesaid statement of learned counsel for the petitioner. Learned counsel appearing for respondent no. 1 fairly submits that the facts of the present case are similar to the facts of the case involved in Writ Petition (M/S) No. 1099 of 2021.

5. Since the controversy involved now stands settled by the aforesaid judgment, therefore, the writ petition is disposed of in terms of the judgment dated 14.06.2021 rendered in WPMS No. 1099 of 2021. The Appellate Authority/Central Government Industrial Tribunal,

Lucknow shall consider petitioner's application filed under Section 7-O of Employees' Provident Funds & Misc. Provisions Act, 1952 and also the stay application filed by the petitioner in his Appeal and decide the same as early as possible; but, not later than 30 days from resumption of physical hearing.

6. For a period of three months or till disposal of petitioner's stay application filed under Section 7-O of Employees' Provident Funds & Misc. Provisions Act, 1952, whichever is earlier, no coercive steps shall be taken against the petitioner.

(MANOJ KUMAR TIWARI, J.) Navin