Vishal Security Force vs Regional Provident Fund Commissioner II — Bombay HC (2025) — LawSathi Research

Vishal Security Force vs Regional Provident Fund Commissioner II — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Registrar, CGIT directed to transfer the Petitioner's matter/appeal from CGIT-II to CGIT-I; Concerned Authorities restrained from taking coercive steps for four weeks from the date of uploading of the order on the Bombay High Court website; all contentions of both parties expressly kept open; all concerned to act on an authenticated copy of the order.

Issue for consideration

Whether the Registrar, CGIT should be directed to transfer the Appeal filed by the Petitioner from CGIT-II to CGIT-I, given that CGIT-II is presently unavailable and the concerned Authorities are proceeding against the Petitioner.

Ratio / Principle

The Court directed the Registrar, CGIT to transfer the Petitioner's matter from CGIT-II to CGIT-I.

Key takeaways

Taking coercive steps against the Petitioner without affording an opportunity of being heard by the competent Authority would cause severe prejudice, since CGIT-II is presently unavailable to decide the matter.ratio¶21
As interim protection, the Concerned Authorities shall not take any coercive steps for a period of four weeks from the date of uploading of the order on the website of the Bombay High Court.ratio¶24

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Kamal Khata, J. — Writ Petition No. 2495 of 2025 (decided 18 August 2025): Vishal Security Force v. Regional Provident Fund Commissioner II. The Petitioner, whose Appeal lay undecided before CGIT-II owing to that Tribunal's present unavailability and against whom the concerned Authorities were proceeding, sought a direction to transfer the Appeal to the Presiding Officer, CGIT-I; counsel cited the Court's earlier order of 14 November 2024 in Writ Petition (Stamp) No. 31839 of 2024 (Hexaware Technologies Ltd.) permitting a like transfer. Holding that coercive steps without an opportunity of being heard would cause severe prejudice, the Court directed the Registrar, CGIT to transfer the Petitioner's matter from CGIT-II to CGIT-I, restrained coercive steps for four weeks from the date of uploading of the order on the Court's website, expressly kept all contentions of both parties open, and disposed of the Petition, directing all concerned to act on an authenticated copy. No impugned order was under challenge; no statute provisions were cited in the text.

28-OSWP-2495-2025.DOC

apn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 2495 OF 2025

Vishal Security Force ...Petitioner

v/s.

Regional Provident Fund Commissioner II ...Respondent

Adv. S. Joshi (through VC), a/w Adv. Niraj Prajapati for the Petitioner.

Ms. Payoja Gandhi for the Respondent.

Digitally signed by ASHWINI H ASHWINI GAJAKOSH H GAJAKOSH Date:2025.08.22 10:00:56 +0530

P.C.:-

CORAM : Kamal Khata, J. DATED : 18^th August 2025.

Learned Advocate for the Petitioner seeks a direction

that the Registrar, CGIT transfer the Appeal filed by the Petitioner before CGIT-II to the Presiding Officer, CGIT-I. She submits that in a similar situation, this Court, in Order dated 14^th November, 2024, Writ Petition (Stamp) No.31839 of 2024, M/s. Hexaware Technologies Limited Vs. Regional Provident Fund Commissioner-I, Vashi had permitted transfer.

In response, the Respondent’s Advocate submits that

such transfer cannot be effected, as only CGIT-II has territorial jurisdiction to deal with this issue.

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28-OSWP-2495-2025.DOC

Heard both Advocates and perused the record.

Since the CGIT-II is presently unavailable for deciding

the Petitioner’s matter, and the concerned Authorities are proceeding against the Petitioner, it would cause severe prejudice to the Petitioner, if coercive steps were taken without affording an opportunity of being heard by the competent Authority.

Under these circumstances, I find it appropriate to direct the Registrar, CGIT, to transfer the Petitioner’s matter from CGIT- II to CGIT-I.

All contentions of both the parties are expressly kept open.

In the meantime, the Concerned Authorities shall not take any coercive steps only for a period of four weeks from the date of uploading of this order on the website of Bombay High Court.

The Petition is accordingly disposed of.

All concerned to act on an authenticated copy of this

order.

(Kamal Khata, J.)

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