Disposed

Venutai Chavan Polytechnic Throu. Principal Dr. Mrunalini S Jadhav v. Assistant Provident Fund Commissioner Regional Office Pune 1

Bombay HC2 May 2024WP/5999/2024

Case brief

AI extract

What is this about?

Multiple writ petitions concerning orders under Section 14-B of the EPF Act were disposed of. The Court directed petitioners to file statutory appeals under Section 7-I within three weeks and ordered suspension of recovery proceedings during pendency due to unavailability of the Presiding Officer.

What did the court decide?

Petitioners directed to file appeals under Section 7-I EPF Act within three weeks; recovery proceedings suspended during pendency.

Venutai Chavan Polytechnic Throu. Principal… — Pension and Retirement Benefits | Bombay HC (2024)

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914-wp-5992-2024.doc

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Shabnoor

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.5992 OF 2024

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SHABNOORAYUBPATHAN Digitallysigned bySHABNOORAYUBPATHANDate:2024.05.0217:10:22+0530

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Sinhgad Public School … Petitioner V/s. Assistant Provident Fund Commissioner Penal Damages CIR IV … Respondent

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WITH

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WRIT PETITION NO.6000 OF 2024

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Sinhgad Institute of Management … Petitioner V/s. Assistant Provident Fund Commissioner Regional Office Pune-I … Respondent

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WITH

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WRIT PETITION NO.5999 OF 2024

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Venutai Chavan Polytechnic … Petitioner V/s. Assistant Provident Fund Commissioner Regional Office Pune-I … Respondent

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WITH WRIT PETITION NO.5997 OF 2024

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Rasiklal M Dhariwal Sinhgad Technical Institutes Campus … Petitioner V/s. Assistant Provident Fund Commissioner Regional Office Pune-I … Respondent

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WITH

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WRIT PETITION NO.5998 OF 2024

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Sinhgad Spring Dale Public School … Petitioner V/s.

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914-wp-5992-2024.doc

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Assistant Provident Fund Commissioner Regional Office Pune-I

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… Respondent

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WITH WRIT PETITION NO.6024 OF 2024

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Sinhgad Law College … Petitioner V/s. Assistant Provident Fund Commissioner Regional Office … Respondent

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WITH WRIT PETITION NO.6005 OF 2024

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Sinhgad Institute of Pharmacy … Petitioner V/s. Assistant Provident Fund Commissioner Regional Office … Respondent

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WITH WRIT PETITION NO.6003 OF 2024

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Sinhgad Institute of Technology and Science … Petitioner V/s. Assistant Provident Fund Commissioner Regional Office … Respondent

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WITH WRIT PETITION NO.6001 OF 2024

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RMD Sinhgad Spring Dale School Warje Pune … Petitioner V/s. Assistant Provident Fund Commissioner Regional Office, Pune I … Respondent

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WITH WRIT PETITION NO.6007 OF 2024

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Sinhgad Institute of Technology … Petitioner

914-wp-5992-2024.doc

Lonavala

V/s.

Assistant Provident Fund Commissioner Regional Office, Pune II … Respondent

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WITH

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WRIT PETITION NO.6002 OF 2024

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Sinhgad Institute of Management and Computer Application … Petitioner V/s.

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Assistant Provident Fund Commissioner Regional Office, Pune I … Respondent

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WITH WRIT PETITION NO.6004 OF 2024

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S. K. N. Sinhgad Institute Technology & Science Lonavala … Petitioner V/s.

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Assistant Provident Fund Commissioner Regional Office, Pune II … Respondent

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Mr. V. P. Sawant, Sr. Advocate, Mr. Nitin S. Dhumal, for Petitioner in all writ petitions.

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Mrs. Ranjana Todankar, for Respondents.

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CORAM : AMIT BORKAR, J. DATED : MAY 2, 2024

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P.C.:

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The challenge in these petitions arises out of an order passed under Section 14-B of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”). Unlike Section 7- A, of the EPF Act, it is not mandatory for petitioner’s to pre-deposit

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914-wp-5992-2024.doc

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the amount. It is common ground that the Presiding Officer of the Appellate Authority has not been available.

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Learned Senior Advocate states that except in Writ Petition Nos.6001, 6002 and 6004 of 2024, in all other writ petitions, the petitioners have not filed statutory appeal under Section 7-I of the EPF Act.

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Learned Advocate for the Petitioner undertakes to file such appeals within three weeks from today.

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Since, the Presiding Officer of the Appellate Authority under Section 7-I of the EPF Act is not available, and considering the scheme of the EPF Act which does not require the appellant to deposit damages ascertained under Section 14-B of the EPF Act, the petitioner in all petitions deserve to be protected during pendency of the appeals. Hence, following order:

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(a) Except in Writ Petition Nos.6001, 6002 and 6004 of 2024, the petitioners shall file statutory appeals under Section 7-I of the EPF Act before the Appellate Authority within three weeks from today.

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(b) During pendency of the appeals, the Authority under the EPF Act shall not proceed for recovery of the amount.

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With this clarification, the writ petitions stand disposed of.

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(AMIT BORKAR, J.)

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Venutai Chavan Polytechnic Throu. Principal Dr. Mrunalini S Jadhav v. Assistant Provident Fund Commissioner Regional Office Pune 1

Case brief

What is this about?

What did the court decide?

Venutai Chavan Polytechnic Throu. Principal Dr. Mrunalini S Jadhav v. Assistant Provident Fund Commissioner Regional Office Pune 1

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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