Disposed

M/S K.M. Asghar Husain College of Education, Akola Thr. Its I/C Principal v. Assistant Provident Fund Commissioner, Akola

Bombay HC21 Oct 2024WP/1609/2022

Case brief

AI extract

What is this about?

College challenged Section 14B damages demand when the EPF Appellate Tribunal was not functional. With the Tribunal now functional, the writ petition was disposed of directing the Tribunal to decide the appeal promptly and keeping the earlier interim no-coercive-recovery order operative until appeal decision.

What did the court decide?

Interim no-coercive-recovery order continued till appeal decision; Tribunal directed to decide appeal early; petition disposed of.

M/S K.M. Asghar Husain College of Education… — Pension and Retirement Benefits | Bombay HC (2024)

¶1

wp1609.22.O.odt

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

¶4

WRIT PETITION NO.1609 OF 2022

¶5

(M/s K. M. Asghar Husain College of Education, Akola, thr. its I/c Principal Vs. Assistant Provident Fund Commissioner, Akola)

¶6

--------------------------------------------------------------------------------------------------------------------------------Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar’s Orders.

¶7

Mr. P. S. Gawai, Advocate for Petitioner. Mr. H. N. Verma, Advocate for Respondent.

¶8

CORAM: N. R. BORKAR, J. DATE: 21st OCTOBER, 2024.

¶9

The petitioners were constrained to file the present petition as at the relevant time Employees Provident Fund Appellate Tribunal was not functional. Considering the facts and circumstances this Court on 23.03.2022 passed the following order:

¶10

Issue notice for final disposal, returnable on 20-4-2022.

¶11

Learned counsel, Mr. Verma waives service of notice for the respondent.

¶12

While the order impugned is appealable before the Tribunal, to the extent the petitioner is directed to pay damages by invoking power under Section 14B of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, it is not in dispute that the Tribunal is not functioning since the office of Presiding Officer is vacant.

¶13

In this view of the matter, till the returnable date, there shall be no coercive

¶14

wp1609.22.O.odt

¶15

¶16

recovery from the petitioner to the extent of demand towards damages.

¶17

I am told that now the said Appellate Tribunal is functional.

¶18

In that view of the matter, the following order is passed:

¶19

[i] The Appellate Tribunal shall endeavour to decide the appeal filed by the petitioner as early as possible.

¶20

[ii] The interim order passed by this Court dated 23.03.2022 shall remain in operation till decision of the appeal.

¶21

The petition is disposed of, in the aforesaid terms.

¶22

(N. R. BORKAR, J.)

¶23

NSN

M/S K.M. Asghar Husain College of Education, Akola Thr. Its I/C Principal v. Assistant Provident Fund Commissioner, Akola

Case brief

What is this about?

What did the court decide?

M/S K.M. Asghar Husain College of Education, Akola Thr. Its I/C Principal v. Assistant Provident Fund Commissioner, Akola

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dharmapal Yadavrao Moon and Another Vs Dy. Registrar Cooperative Societies City-Ii, Nagpur and Others

Ashok S/O Markandi Marganwar Vs Honble Minister, Rural Development, Govt. of Maharashtra, Mumbai and Ors.

Mukund S/O Manohar Thakare and Others Vs Dhanraj S/O Govinda Sakharkar and Others

Wasudev Maroti Aigaokar and Others Vs Bhagwant Vithoba Lonbale and Others

M/S Mohit Industries, Akola Vs the Asstt. Provident Fund Commissioner, Employees Provident Fund Org, Akola

Shri. Shailendra S/O. Mohanlal Choudhary Vs Smt. Sangita W/O. Dilip Kukde