Uttarakhand High Court
CLCON/244/2023 on 21 August, 2023
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CLCON No.244 of 2023
Hon'ble Sharad Kumar Sharma, J.
Mr. B.D. Pande, learned counsel for the
petitioner.
This writ-petition has been preferred by
the petitioner, in which the petitioner has
questioned the communication issued by the
respondent, as referred to in the relief clause,
pertaining to the applicability of the provisions
of Employees' Provident Fund Act of 1952, as to
whether the same would apply to the Urban Co-
operative Bank of the petitioner or not, in the
light of the provisions contained under Section
1(4) of the Act.
The Co-ordinate Bench, before which the
petitioner has preferred Written Petition (M/S)
No.841 of 2023, has disposed of the writ-
petition with following observations:-
"Having regard to the fact that no decision has
been taken by respondent no. 1 regarding
applicability of provisions of Employees' Provident
Funds and Miscellaneous Provisions Act, 1952 from
the date of establishment of petitioner bank,
therefore, the writ petition is disposed of with a
direction to the Competent Authority to consider
petitioner's reply and pass appropriate order, as per
law, within four weeks from the date of production of
certified copy of this order."
In a nutshell, the Co-ordinate Bench has
disposed of the writ-petition with a direction to
the Competent Authority to consider the
petitioner's reply and pass an appropriate
order, as per law, within four weeks from the
date of production of certified copy of this order.
The petitioner alleges that there is non-
compliance, because no decision has been
taken, as such, in compliance of the order
dated 23.03.2023.
This Court is in disagreement with the
argument extended by the learned counsel for
the petitioner, for the reason being, that rightly
or wrongly, the Competent Authority of the
Employees' Provident Fund Organization has
already taken a decision on 29.05.2023 by
issuing Notice No. EPF/ RO/ ENF / UK / HLD
/34990 / 632 /877 dated 29.05.2023, wherein
it was compliance of the order passed by this
Court, the Employees' Provident Fund
Organization has taken a decision and, as a
consequence thereto, the notice under Section
7A of the EPF & MP Act, 1952 has been issued
to the petitioner for filing reply, in the light of
the observations made in paragraph no.2 of the
decision dated 29.05.2023.
The question is, as to whether in a
contempt proceeding the propriety of the order
dated 29.05.2023 or a decision making process,
in compliance of the High Court's judgment
dated 23.03.2023, could be subjected to
challenge, because the only direction issued by
the Court was to take a decision on the reply
filed by the petitioner. The decision has already
been taken on 29.05.2023.
As such, the compliance has already been
made and since the petitioner himself has put a
challenge to order dated 29.05.2023, in an
independent writ-petition, which is listed today
as a fresh, it means that the propriety of the
decision dated 29.05.2023, as taken in
compliance of the judgment dated 23.03.2023,
has already been made, which is now subject-
matter of the independent writ-petition, which
is listed today and which will be dealt with
separately.
Hence, as a matter of fact, the compliance
of the judgment dated 23.03.2023 has already
been made. There is no contempt, as such and
the same is, accordingly, dismissed.
(Sharad Kumar Sharma, J.)
21.08.2023
Sukhbant
