Allowed

M/s I.I. Inspection & Export Pvt. Ltd. v. Rpfc Gurugram East

CGITD-2/13/2024

Case brief

AI extract

What is this about?

The Tribunal allowed an appeal against orders under Section 14B and 7Q of the EPF & MP Act. It found that the lower authority passed the orders without hearing the appellant and due process, violating natural justice, and remanded the matter for fresh adjudication.

What did the court decide?

The orders under Section 14B and 7Q of the EPF & MP Act were set aside and the matter remanded to the respondent authority to decide afresh within three months after giving the appellant a due opportu

M/s I.I. Inspection & Export Pvt. Ltd. Vs Rpfc… — Pension and Retirement Benefits | CGIT (2024)

¶1

D-2/04/2020

¶2

M/s BHP Infrastructure Pvt. Ltd. vs. APFC Faridabad.

¶3

Present: Sh. Bhupesh Sharma, for the Appellant. None for the Respondent.

¶4

Order Dated-17.02.2025

¶5

Record perused. On the last date of hearing Regional Provident Fund Commissioner was directed to appear along with in-charge of legal cell to submit the clarification. However, nobody appeared on behalf of the respondent.

¶6

It is also important to mention that Coordination Committee of All District Bar Association has given a call for abstinence of work from the court. May be in this pretext nobody has appeared. In these circumstances, list the case on 24.02.2025 for appearance of the called officers.

¶7

Atul Kumar Garg (Presiding Officer)

¶8

D-2/14/2022

¶9

M/s BHP Infrastructure Pvt. Ltd. Vs. APFC Faridabad.

¶10

Present: Sh. Bhupesh Sharma, for the Appellant. None for the Respondent.

¶11

Order Dated-17.02.2025

¶12

List the case with another appeal of the same establishment bearing number D-2/04/2020 on 24.02.2025.

¶13

Atul Kumar Garg (Presiding Officer)

¶14

D-2/05/2017 M/s D.R.R. Security Services Pvt. Ltd. Vs. APFC Noida.

¶15

Present: None for the Appellant.

¶16

Sh. Santosh Kumar & Ravi Shankar Dwivedi, Ld. Counsel, for the Respondent.

¶17

Order Dated-17.02.2025

¶18

It has been submitted by the A/R appearing for the respondent that ld. counsel could not appear due to the strike called by the Coordination Committee of Delhi Bar Association.

¶19

Record perused. Respondent was directed to make clarification whether different officer other than the assessing officer who has passed the order u/s 7A, can pass the order u/s 7C of the EPF & MP Act, 1952. Put up for 24.02.2025 for arguments.

¶20

Atul Kumar Garg (Presiding Officer)

¶21

D-2/19/2021 M/s Ghatak Security Services Vs. APFC Noida.

¶22

Present: Sh. Shubham Kadam, A/R for the Appellant.

¶23

Sh. Shailender Arya, A/R for the Respondent.

¶24

Order Dated-17.02.2025

¶25

Both the counsels are not present due to the strike called by Coordination Committee of Delhi Bar Association today. Accordingly, this matter is adjourned to 07.04.2025 for final arguments.

¶26

Atul Kumar Garg (Presiding Officer)

¶27

D-2/17/2022 M/s ACIL Ltd. Vs. RPFC-II Gurugram (Haryana).

¶28

Present: Sh. Prakhar Shukla proxy, for the Appellant. None for the Respondent.

¶29

Order Dated-17.02.2025

¶30

The written submission filed on behalf of Sh. Ravi Loonkar, the IRP appointed in this case.

¶31

Record perused. On the last date of hearing he was directed to file the brief note of submission running not more than 2 to 3 pages. However, the submission which is produced today consists of more than 20 pages and annexure running into 100 pages that is not permissible. The written submission along with annexure are returned to the respondent. The matter is reserved for order on the said misc. application.

¶32

Atul Kumar Garg (Presiding Officer)

¶33

D-2/32/2022 M/s ACIL Ltd. Vs. RPFC Gurugram West.

¶34

Present: Sh. Prakhar Shukla proxy, for the Appellant. None for the Respondent.

¶35

Order Dated-17.02.2025

¶36

The written submission filed on behalf of Sh. Ravi Loonkar, the IRP appointed in this case.

¶37

¶38

Atul Kumar Garg (Presiding Officer)

¶39

D-2/33/2022 M/s Oyo Hotels & Homes Pvt. Ltd. Vs. RPFC Gurgaon.

¶40

Present: Sh. Satish Kumar, A/R for the Appellant. None for the Respondent.

¶41

Order Dated-17.02.2025

¶42

Both the counsels are not present due to the strike called by Coordination Committee of Delhi Bar Association today. Accordingly, this matter is adjourned to 07.04.2025 for final arguments.

¶43

Atul Kumar Garg (Presiding Officer)

¶44

D-2/19/2021 M/s Ghatak Security Services Vs. APFC Noida.

¶45

Present: Sh. Shubham Kadam, A/R for the Appellant.

¶46

Sh. Shailender Arya, A/R for the Respondent.

¶47

Order Dated-17.02.2025

¶48

Both the counsels are not present due to the strike called by Coordination Committee of Delhi Bar Association today. Accordingly, this matter is adjourned to 07.04.2025 for final arguments.

¶49

Atul Kumar Garg (Presiding Officer)

¶50

D-2/9/2020 M/s Vitalife Laboratories vs. RPFC Gurgaon.

¶51

Present: None for the Appellant. Sh. S.N. Mahanta, for the Respondent.

¶52

Order Dated- 19.02.2025

¶53

During the course of arguments, it is stated on behalf of ld. counsel for respondent that an application has been filed by the appellant along with a copy of the order dated 15.05.2024 passed by NCLT Mumbai admitting the CIRP against the company an appointing IRP in the matter. After filing of the application nobody has been appearing on behalf of the appellant. It is a matter of fact that one of the appeal bearing no. 1001(16)2016 has been reserved for order by this tribunal on 20.02.2024. Let both these appeal files be clubbed and the matter be heard from the counsel of the respondent in the light of the above said order. In the meanwhile appellant be notified about the next date of hearing along with the copy of this order. Put up for 12.03.2025.

¶54

Atul Kumar Garg (Presiding Officer)

¶55

1001(16)2016 M/s Vitalife Laboratories Vs. RPFC Gurgaon.

¶56

Present: None for the Appellant.

¶57

Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶58

Order Dated-19.02.2025

¶59

During the course of arguments, it is stated on behalf of ld. counsel for respondent that an application has been filed by the appellant along with a copy of the order passed by NCLT Mumbai admitting the CIRP office against the company an appointing IRP in the matter. After filing of the application nobody has been appearing. It is matter of fact that one of the matter bearing no. 1001(16)2016 has been reserved for order by this tribunal on 20.02.2024. Let both this file be clubbed and the matter be heard from the counsel of the respondent in the light of the above said order. In the meanwhile appellant be notified about the next date of hearing along with the copy of this order Put up for 12.03.2025.

¶60

Atul Kumar Garg (Presiding Officer)

¶61

D-2/26/2024 M/s Navneet Enterprices vs. RPFC Faridabad.

¶62

Present: None for the Appellant.

¶63

Sh. S.N. Mahanta, for the Respondent.

¶64

Order Dated-19.02.2025

¶65

Ld. Counsel for the respondent has filed the photo copies of three inspection report dated 06.09.2010, 09.03.2011, & 22.01.2024 to the court from the trial court record. Same has been taken on record with additional copies which is meant for appellant.

¶66

Ld. Counsel for the respondent has made prayer appellant has not been appearing so the appeal be dismissed. However, it is in common knowledge that Bar is on strike for the last three days and in some matter counsels have not been appearing Industrial tribunal as well as this appeal. This tribunal has adjourned the matter on this ground because it is not feasible to dismiss the matter in the absence of one party. In these circumstances, list the matter on 21.04.2025.

¶67

Atul Kumar Garg (Presiding Officer)

¶68

BEFORE CENTRAL GOVERNMENTINDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI;

¶69

Appeal No. D-2/39/2024

¶70

M/s. Leeway Manpower Pvt. Ltd.

¶71

Appellant

¶72

Through:- None for the appellant

¶73

Vs.

¶74

APFC/RPFC, Gurugram East Respondent

¶75

Through:- Sh. S.N. Mahanta, ld. counsel for the respondent

¶76

Order Dated:-19.02.2025

¶77

Sh. S.K. Khanna, ld. counsel for the appellant has requested for an adjournment informing this tribunal that his mother has passed away and he is at Chandigarh to perform the rituals. In the interest of justice, adjournment is allowed. List the matter on 24.03.2025 for filing of reply to the appeal by the ld. counsel for the respondent.

¶78

(Atul Kumar Garg) Presiding Officer

¶79

D-2/10/2019 M/s Lakhani Footwear Pvt. Ltd. vs. RPFC Faridabad.

¶80

Present: None for the Appellant. None for the Respondent.

¶81

Order Dated-20.02.2025

¶82

Since the Bar is on strike, this case is adjourned to 26.03.2025 for filing of legible copies of the documents annexed with the appeal by and on behalf of the appellant.

¶83

Atul Kumar Garg (Presiding Officer)

¶84

D-2/11/2019 M/s Lakhani Rubber Works vs. RPFC Faridabad.

¶85

Present: None for the Appellant. None for the Respondent.

¶86

Order Dated-20.02.2025

¶87

Since the Bar is on strike, this case is adjourned to 26.03.2025 for filing of legible copies of the documents annexed with the appeal by and on behalf of the appellant.

¶88

Atul Kumar Garg (Presiding Officer)

¶89

D-2/18/2019 M/s Lakhani Armaan Shoes Pvt. Ltd. vs. RPFC Faridabad.

¶90

Present: None for the Appellant. None for the Respondent.

¶91

Order Dated-20.02.2025

¶92

Since the Bar is on strike, this case is adjourned to 26.03.2025 for filing of legible copies of the documents annexed with the appeal by and on behalf of the appellant.

¶93

Atul Kumar Garg (Presiding Officer)

¶94

D-2/38/2024 M/s Zabi Enterprises Vs. RPFC/ APFC Gurugram East

¶95

Present: None for the Appellant. Sh. S.N. Mahanta, for the Respondent.

¶96

Order Dated-20.02.2025

¶97

Ld. Counsel for the respondent has filed the trial court record which is retained with the case file of this tribunal. Reply to this appeal filed on 06.02.2025 is also taken on record. Since the Bar is on strike, this case is adjourned to 27.03.2025 for filing of rejoinder, if any, by the ld. counsel for appellant.

¶98

Atul Kumar Garg (Presiding Officer)

¶99

D-2/01/2025 M/s Chennai MSW Pvt. Ltd. Vs. RPFC/ APFC Noida

¶100

Present: Proxy for the Appellant.

¶101

Sh. Santosh Kr. Singh, A/R for the Respondent.

¶102

Order Dated-20.02.2025

¶103

Proxy counsel appearing for the appellant stated that he had deposited the cost imposed on the last date of hearing and shall submit the receipt within a day or two.

¶104

The A/R appearing for the respondent informed to this tribunal that his counsel has informed that since the Bar is on strike, no reply to misc. application filed under Section 7O of the EPF & MP Act, 1952 is submitted today. Respondent is directed to produce the same on next date of hearing after supplying an advance copy to ld. counsel for appellant. List the matter on 07.04.2025 for hearing the misc. application filed u/s 7O of the Act. In the meanwhile, interim orders to continue till next date of hearing.

¶105

Atul Kumar Garg (Presiding Officer)

¶106

D-2/13/2024 M/s I.I. Inspection & Export Pvt. Ltd. vs. RPFC Gurugram East.

¶107

Present: Sh. S.K. Gupta, Ld. Counsel for the Appellant. Sh. C. Panda, Ld. Counsel, & Sh. Ved Prakash A/R for the Respondent.

¶108

Order Dated-24.02.2025

¶109

List the matter on 05.04.2025 in the special drive which is to be held on the instructions of the Ministry of Labour and Employment. Office is directed to issue notice to both the parties in this regard.

¶110

Atul Kumar Garg (Presiding Officer)

¶111

D-2/36/2024

¶112

M/s Rathi Steel & Power Ltd. vs. APFC Meerut.

¶113

Present: Sh. Kumar Vikram for the Appellant. Sh. Kanhaiya Singhal, Ld. Counsel for the Respondent.

¶114

Order Dated-24.02.2025

¶115

Final arguments heard in part. Ld. Counsel for the appellant is directed to submit the additional documents along with the signature and a certificate under section 63 of Bhartiya Sakshya Adhiniyam. List the matter on 15.04.2025 for continuation of the arguments.

¶116

Atul Kumar Garg (Presiding Officer)

¶117

Item 1 D-2//20 M/s vs. APFC.

¶118

Present: for the Appellant.

¶119

for the Respondent.

¶120

Order Dated-24.02.2025

¶121

Argument heard in part. Respondent is directed to furnishing the chart showing that how the deduction are made considering which allowances/salaries heads. List the matter on 24.04.2025.

¶122

Atul Kumar Garg (Presiding Officer)

¶123

D-2/17/2020

¶124

M/s Egelhof Controls India Pvt. Ltd. vs. APFC/RPFC Noida.

¶125

Present: Sh. Ansul Goel, A/R for the Appellant.

¶126

Sh. Sandeep Vishnu, Ld. Counsel & Sh. Santosh Singh, Vijay pal Singh, A/R for the Respondent.

¶127

Order Dated-25.02.2025

¶128

Final arguments in the matter heard in part. List the matter on 21.04.2025 for continuation of the arguments.

¶129

Atul Kumar Garg (Presiding Officer)

¶130

D-2/33/2021

¶131

M/s Kabir Leathers vs. APFC/RPFC Gurugram.

¶132

Present: Sh. Ashish Ojha, proxy for the Appellant.

¶133

Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶134

Order Dated-25.02.2025

¶135

This order shall dispose an appeal filed by and on behalf of the appellant against the impugned orders passed u/s 14B & 7Q of the EPF & MP Act, 1952 (herein after referred as the Act) by which an amount of Rs.25,95,130/- and Rs.12,50,422/- were assessed as damages and interest for the belated payment of EPF dues for the period 14.02.2019 to 24.07.2020.

¶136

The appellant herein has assailed the orders on several grounds inter alia stating that the delay in remittances occurred due to following several factors which were beyond the control of the appellant;-

¶137

I. Delayed receipt of duty drawback/MEIS licenses.

¶138

II. Delayed receipt of GST/IGST refund receivable. III. Fire in the factory on 17.10.2018.

¶139

IV. Wrongful claims from the appellant buyer LF credit/LF

¶140

centennial PTE Ltd/ LF fashion PTE Ltd.

¶141

V. Effect of covid-19.

¶142

Citing the aforementioned circumstances, the appellant also raised following objection as grounds of appeal;-

¶143

I. Whether the respondent has considered that the appellant had suffered huge losses at the relevant time which resulted into delayed deposited of contribution?

¶144

II. Whether the respondent has applied its judicial mind to consider, analyses the present issue in judicial manner and thereafter, decide the various objection raised during enquiry before the respondent authority or not by way of passing a speaking order?

¶145

III. Whether the impugned order of the respondent is perverse and contrary to the provision of the Act?

¶146

Per contra the ld. Counsel for the respondent has supplied his written objection/reply to the appeal wherein it is stated that the factors which are claimed to be beyond the control of the appellant are not a sufficient ground to avoid payment as the Hon’ble Supreme Court in the case of Hindustan Times Vs. RPFC, AIR 1988 SC 688 has observed that financial crunch is not a sufficient ground to avoid payment of EPF dues.

¶147

Ld. Counsel for the respondent has also rebutted the grounds raised above by and on behalf of the appellant stating that the question raised by the appellant are misleading as the appellant attainted the enquiry only once and failed to submit any fact of record. The appellant was given ample opportunities but the appellant never responded to the summons served upon the appellant through email and speed post. He further submitted that the order passed by the respondent is justifiable in itself. Relying upon several judgments, the respondent stated that the method of determining damage is entirely reasonable and it shows that no officer acting under section 14B can Act arbitrarily but must follow the reasonable guidelines made by the government.

¶148

During the oral arguments conducted on 07.01.2025, Sh. K.K Pandey, Ld. Counsel for the respondent stated that this is the first time when the establishment has deposited the PF accumulations belatedly. To counter this averment, Ld. Counsel for the respondent submitted the trial court record and pointed out that the appellant is a habitual defaulter in making the PF accumulations and the enquiry under section 14B of the Act had been conducted at least three times in the past. The trial court record was retained with the tribunal and the ld. Counsel for the appellant was granted an opportunity to inspect the trial court record. Ld. Counsel for the appellant conducted the inspection on 24.02.2025 and the case was listed for further arguments on 25.02.2025. Today the proxy counsel is appearing on behalf of the appellant who stated that the case be decided by this tribunal on basis of the records.

¶149

I have heard the argument and perused the records which reveals that the appellant establishment had conducted the default in EPF payment in the past also and the respondent had passed the

¶150

orders u/s 14 B and 7Q previously which were complied by the appellant establishment.

¶151

The appellant has failed to establish sufficient grounds to set aside the impugned orders and therefore, the appeal is dismissed. The order passed by the respondent u/s 14B and 7Q of the Act are confirmed. The appellant is directed to deposit the amount of Rs.25,95,130/- and Rs.12,50,422/- within one month from the date of this order. Office is directed to consign the record to the record room.

¶152

Atul Kumar Garg (Presiding Officer)

¶153

D-2/23/2022 M/s Polyplastic Automotive India Pvt. Ltd. vs. APFC/RPFC Gurugram.

¶154

Present: None for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶155

Order Dated-25.02.2025

¶156

This tribunal has received a request on behalf of the appellant to list this case in the Lok Adalat. Although no such proposal for conducting a lok adalat is under consideration with this tribunal. However, a special campaign for disposal of the matter is going to be conducted on 05.03.2025 and 07.03.2025. Therefore, list this case on 05.03.2025 in the special campaign.

¶157

Atul Kumar Garg (Presiding Officer)

¶158

D-2/33/2022

¶159

M/s Oyo Hotels & Homes Pvt. Ltd. vs. APFC/RPFC Gurugram.

¶160

Present: Sh. Ashish Ojha proxy, for the Appellant.

¶161

Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶162

Order Dated-25.02.2025

¶163

As the main counsel for the appellant is not present, List the matter on 03.04.2025 for final arguments.

¶164

Atul Kumar Garg (Presiding Officer)

¶165

D-2/41/2022 M/s Sterling Mobikes Pvt. Ltd. vs. APFC/RPFC Gurgaon.

¶166

Present: None for the Appellant. Sh. B.B. Pradhan, Ld. Counsel & Sh. Pradeep Batra for the Respondent.

¶167

Order Dated-25.02.2025

¶168

Office has informed that the mother of ld. Counsel for the appellant Sh. S.K. Khana has passed and a request for adjournment is received through email.

¶169

According, list the matter on 09.04.2024 for final arguments.

¶170

Atul Kumar Garg (Presiding Officer)

¶171

D-2/17/2024 M/s BSC-C & C ‘JV’ vs. APFC/RPFC Gurgaon.

¶172

Present: None for the Appellant.

¶173

Sh. S.N. Mahanta, Ld. Counsel & Ms. Rachna Bajaj, A/R for the Respondent.

¶174

Order Dated-25.02.2025

¶175

Office has informed that the mother of ld. Counsel for the appellant Sh. S.K. Khana has passed and a request for adjournment is received through email.

¶176

According, list the matter on 09.04.2024 for final arguments.

¶177

Atul Kumar Garg (Presiding Officer)

¶178

D-2/43/2024

¶179

M/s General Security & Information Services Pvt. Ltd. vs. APFC/RPFC Faridabad.

¶180

Present: Ms. Shrabani Chakrabarty, Ld. Counsel for the Appellant.

¶181

Sh. Sanjeev Mishra, for the Respondent.

¶182

Order Dated-27.02.2025

¶183

Ld. Counsel for the appellant submitted that she has send the mail to this tribunal at 11:48 am today stating that director Sh. Jitenjal Sinha has given the telephonic message that he was struck with family in at the occasion of Maha Shivratri function and for that reason he was unable to appear today before this tribunal.

¶184

This tribunal vide order dated 23.12.2024 has directed presence of the person who had signed the appeal. On 15.01.2025 again the time was sought and the same was granted but he had not appeared today also and made a request that he was struck in the Prayagraj.

¶185

In these circumstances, the presence of the appellant be secured under the provisions of Order XVI Rule 12 CPC. Put up on 17.03.2025.

¶186

Atul Kumar Garg (Presiding Officer)

¶187

D-2/44/2024 M/s JPM Automobiles Ltd. vs. APFC/RPFC Gurugram West.

¶188

Present: None for the Appellant.

¶189

Sh. Narender Kumar, for the Respondent.

¶190

Order Dated-27.02.2025

¶191

Office has informed that the mother of ld. Counsel for the appellant Sh. S.K. Khanna has passed away and a request for adjournment is received through email.

¶192

Accordingly, list the matter on 25.03.2025 for hearing on misc. application filed u/s 7O of the EPF & MP Act, 1952. In the meanwhile, interim order, if any, to continue till next date of hearing.

¶193

Atul Kumar Garg (Presiding Officer)

¶194

D-2/14/2024

¶195

M/s UPSRTC, Noida Region vs. APFC/RPFC NOIDA.

¶196

Present: Sh. Shadab Khan, for the Appellant.

¶197

Sh. Avnish Meena, for the Respondent.

¶198

Order Dated-27.02.2025

¶199

Written arguments on behalf of both the parties stand filed. List the matter on 17.04.2025 for oral arguments.

¶200

Atul Kumar Garg (Presiding Officer)

¶201

D-2/06/2021

¶202

M/s UPSRTC, Noida Region vs. APFC/RPFC NOIDA.

¶203

Present: Sh. Shadab Khan, for the Appellant.

¶204

Sh. Avnish Meena, for the Respondent.

¶205

Order Dated-27.02.2025

¶206

Written arguments on behalf of both the parties stand filed. List the matter on 07.04.2025 for oral arguments.

¶207

Atul Kumar Garg (Presiding Officer)

¶208

D-2/19/2024

¶209

M/s ATC Tower Company India Pvt. Ltd. vs. RPFC Gurugram East.

¶210

Present: Sh. Arjun Singh, Proxy for the Appellant.

¶211

Sh. B.B. Pradhan, Ld. Counsel (Vakalatlama filed) & Sh. Chhatar Singh Yadav A/R for the Respondent.

¶212

Order Dated-27.02.2025

¶213

Trial court record on behalf of the respondent is filed which is kept with this case file. List the matter on 03.04.2025 for final arguments.

¶214

Atul Kumar Garg (Presiding Officer)

¶215

D-2/23/2021 M/s N1 Media Consultancy (P) Ltd. vs. APFC/RPFC Noida.

¶216

Present: Sh. K.K. Pandey, ld. Counsel for the Appellant. Sh. K.K. Dey, ld. Counsel & Sh. Deepak Meena, A/R for the Respondent.

¶217

Order Dated-03.03.2025

¶218

Atul Kumar Garg (Presiding Officer)

¶219

D-2/25/2022 M/s Louis Berger Consulting Pvt. Ltd. vs. RPFC-II Gurugram East.

¶220

Present: Sh. Rochit Abhishek, ld. Counsel for the Appellant. None for the Respondent.

¶221

Order Dated-03.03.2025

¶222

Sh. B.B. Pradhan ld. counsel for the respondent is not present, he has sent the telephonic message about the inability to appear this tribunal for today.

¶223

Considering the fact that matter is likely to be listed in the Punjab & Haryana High Court on 20.03.2025 which has been filed against the order passed u/s 7A of the Act. This appeal is listed on 07.05.2025.

¶224

Atul Kumar Garg (Presiding Officer)

¶225

D-2/03/2021

¶226

M/s Umang Appliances & Equipment (P) Ltd. vs. APFC/RPFC Noida.

¶227

Present: Sh. Mahender Singh Sharma, ld. Counsel for the Appellant. Sh. K.K. Dey, ld. Counsel & Sh. Vaibhav Chauhan A/R for the Respondent.

¶228

Order Dated-03.03.2025

¶229

Final argument in the matter heard in part. List the matter on 01.04.2025 for continuation of the arguments.

¶230

Atul Kumar Garg (Presiding Officer)

¶231

D-2/10/2024 M/s National Institute of Open Schooling vs. RPFC Noida.

¶232

Present: Sh. Sunil Kumar. Ld. Counsel, for the Appellant.

¶233

Ms. Santwana Agarwal, Ld. Counsel & Sh. Shravan Kumar Mishra, A/R the Respondent.

¶234

Order Dated-03.03.2025

¶235

Ld. Counsel appearing on behalf of the appellant stated that the brother of other arguing counsel is ill and hence, he is unable to appear today. Written notes of arguments filed on behalf of the respondent are taken on record. List the matter on 01.04.2025 for final arguments.

¶236

Atul Kumar Garg (Presiding Officer)

¶237

D-2/22/2024 M/s Universal Manpower Services vs. RPFC Faridabad.

¶238

Present: None for the Appellant. Sh. C. Panda, ld. Counsel for the Respondent.

¶239

Order Dated-03.03.2025

¶240

Ld. Counsel for the appellant is not present. His request has been made through email for inability to appear today in the tribunal.

¶241

Ld. Counsel for the respondent submitted that he has also received the mail from the appellant counsel. Further, on perusal of the record it is revealed that as per order dated 15.01.2025 this case was listed on 27.02.2025. However, the cause list as well as appearance of the party who made the presence suggest that the date was wrongly typed as 27.02.2025 instead on 03.03.2025 and the same be read as 03.03.2025. Put up on 21.04.2025.

¶242

Atul Kumar Garg (Presiding Officer)

¶243

D-2/34/2024.

¶244

M/s Rangi International Pvt. Ltd. vs. RPFC Gurgaon.

¶245

Present: A/R for the Appellant.

¶246

Sh. Vaibhav proxy for Sh. B.K. Tambar, Ld. Counsel the Respondent.

¶247

Order Dated-04.03.2025

¶248

A/R for the appellant submitted the compliance report. Proxy counsel appearing for the respondent submitted the reply to this appeal. Copy of the same stands supplied to A/R appearing for appellant.

¶249

Now list the case for hearing on the misc. application filed for seeking stay. Put up on 27.03.2025.

¶250

Atul Kumar Garg (Presiding Officer)

¶251

D-2/07/2021.

¶252

M/s International Hospital Ltd. vs. RPFC Noida.

¶253

Present: Sh. Anil Bhatt, Ld. Counsel & Sh. K.K. Pandey, for the Appellant. Sh. C. Panda, Ld. Counsel & Sh. Deepak Mishra, for the Respondent.

¶254

Order Dated-04.03.2025

¶255

Final arguments in the matter heard in part. Copy of the list showing how the amount assessed in the impugned order is arrived at by the Enforcement Officer of the respondent department is also supplied to ld. Counsel for the appellant for verification. List the matter on 15.04.2025 for continuation of the arguments.

¶256

Atul Kumar Garg (Presiding Officer)

¶257

D-2/25/2021.

¶258

M/s Natwest Digital Services India Pvt. Ltd. vs. RPFC Gurugram.

¶259

Present: Sh. Sanjay Ghose, Soumya Dasgupta, Mukesh Seju counsels & Ms. Bhavna Dhami, A/R for the Appellant.

¶260

Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶261

Order Dated-04.03.2025

¶262

Final arguments in the matter heard in part. List the matter on 16.04.2025 for continuation of the arguments.

¶263

Atul Kumar Garg (Presiding Officer)

¶264

D-2/25/2021. M/s Akasva Infrastructure Pvt. Ltd. vs. RPFC Gurugram.

¶265

Present: None for the Appellant.

¶266

Sh. Vaibhav proxy for Sh. B.K. Tambar, Ld. Counsel the Respondent.

¶267

Order Dated-04.03.2025

¶268

Perusal of the order sheet shows that the case is listed for final arguments today, however, the same is not listed in today’s cause list. Now list the case on 02.04.2025 for final arguments. Office is directed to inform the next date of hearing to both the parties through email.

¶269

Atul Kumar Garg (Presiding Officer)

¶270

D-2/06/2020 M/s Zapdor Engineering Pvt. Ltd. vs. APFC/RPFC, Noida.

¶271

Present: Sh. Rajiv Arora, ld. counsel, for the Appellant.

¶272

Sh. Kaushik Kumar Dey, Ld. Counsel, & Sh. Deepak Meena A/R for the Respondent.

¶273

Order Dated-05.03.2025

¶274

Ld. Counsel for the appellant has stated that he has not been in touch with his client i.e., appellant in the present case. Several reminders through mail & WhatsApp messages have been sent but no reply has come from the appellant.

¶275

Record perused. This appeal has been filed against the order dated 30.08.2019 passed u/s 7A of the EPF & MP Act, 1952 and subsequent order dated 15.10.2019 passed u/s 7B of the Act.

¶276

Vide order dated 08.12.2021 stay was granted upon the execution subject to deposit of 20% of the assessed amount, even the extension was allowed on 22.02.2022. Vide order dated 31.03.2022 a subsequent extension was allowed and ultimately the appeal was dismissed on 12.04.2022 for non-compliance of the order.

¶277

Thereafter, an application has been filed for revival and restoration of the appeal in terms of the directions given by Delhi High Court in W.P. (c) No. 12631 dated 05.09.2022. Accordingly, the appellant submitted a FDR amounting of Rs.7,77,620/-, therefore, the appeal was restored.

¶278

The conduct of the appellant as such that no further leniency is required and on basis of the submissions made by ld. Counsel for the appellant, the present appeal stands dismissed. Office is directed to consign the record to the record room.

¶279

Atul Kumar Garg (Presiding Officer)

¶280

D-2/09/2024 M/s Vaco Binary Semantics LLP Consultants (India) vs. RPFC, Gurgaon.

¶281

Present: Ms. Tanvi Malpani, proxy counsel for the Appellant. Sh. S.N. Mahanta, Ld. Counsel, for the Respondent.

¶282

Order Dated-05.03.2025

¶283

Proxy counsel appearing for the appellant submitted the rejoinder. Copy of the same supplied today to ld. Counsel for the respondent. Pleadings in the matter are complete. List the matter on 10.03.2025 for final arguments.

¶284

Atul Kumar Garg (Presiding Officer)

¶285

D-2/01/2024 M/s Teleperformance Global Services Pvt. Ltd. vs. RPFC, Gurugram East.

¶286

Present: None for the Appellant. Sh. C. Panda, Ld. Counsel, for the Respondent.

¶287

Order Dated-06.03.2025

¶288

Ld. Counsel for the appellant is not present. No communication has been received regarding the compliance with the order passed for the stay of the impugned order. In these circumstances stay on execution is vacated. Put up on 07.04.2025 for filing of the reply.

¶289

Atul Kumar Garg (Presiding Officer)

¶290

D-2/01/2024 M/s Teleperformance Global Services Pvt. Ltd. vs. RPFC, Gurugram East.

¶291

Present: Sh. Saumitra Singhal, Ld. Counsel for the Appellant. Sh. C. Panda, Ld. Counsel, for the Respondent.

¶292

Order Dated-07.03.2025

¶293

File is taken up on the application filed by the appellant with the prayer that stay order be continued because he has complied with the order passed by this tribunal and placed on record the FDR No. 054413060392 dated 03.03.2025 for Rs.3,04,319/- ICICI Bank Ltd.

¶294

Record perused. Yesterday, appellant had failed to comply with the condition imposed by this tribunal which resulted in vacation of stay. Today appellant had complied the condition of deposit 10% of the amount, therefore, stay on the impugned order passed u/s 14B and 7Q of the Act shall be continued till the disposal of this appeal. Put up on 28.03.2025.

¶295

Atul Kumar Garg (Presiding Officer)

¶296

D-2/41/2024 M/s Bhagpat Industries Ltd. vs. APFC/RPFC, Meerut.

¶297

Present: Sh. Arvind Kumar, for the Appellant.

¶298

Sh. Kanhaiya Singhal, Ld. Counsel, for the Respondent.

¶299

Order Dated-06.03.2025

¶300

Today the case is listed for filing of rejoinder by and on behalf of the appellant, however, more time is prayer on behalf of the appellant to file the rejoinder. In the interest of justice, prayer to grant more time is allowed. List the matter on 08.04.2025 for filing of rejoinder.

¶301

Atul Kumar Garg (Presiding Officer)

¶302

D-2/10/2023 M/s TS Tech Sun India Pvt. Ltd. vs. RPFC, Noida.

¶303

Present: None for the Appellant.

¶304

Ms. Santwana Agarwal, Ld. Counsel, for the Respondent.

¶305

Order Dated-06.03.2025

¶306

Today the case is listed for filing of a brief note of submission on behalf of the respondent.

¶307

Atul Kumar Garg (Presiding Officer)

¶308

D-2/01/2022 M/s Tenneco Automotive India Pvt. Ltd. vs. RPFC, Gurugram.

¶309

Present: Ms. Vaishnavi for the Appellant.

¶310

Sh. Pradeep Batra, A/R for the Respondent.

¶311

Order Dated-06.03.2025

¶312

A request for adjournment is moved on behalf of the AR appearing for the respondent. In the interest of justice, adjournment granted. List the matter on 09.04.2025 for final arguments.

¶313

Atul Kumar Garg (Presiding Officer)

¶314

D-2/03/2025

¶315

M/s Sandha & Company vs. APFC/RPFC, Gurugram West.

¶316

Present: Sh. Pradeep Shukla & Ms. Mukta Arora, for the Appellant. Sh. S.N. Mahanta, Ld. Counsel, & Sh. Pradeep Batra, A/R for the Respondent.

¶317

Order Dated-10.03.2025

¶318

This appeal is filed against the impugned order dated 17.01.2025 in respect of the period 01/01/2021 to 11/07/2024 whereby the respondent has assessed the damages and interest to the tune of Rs.32,39,511/- & Rs. 25,76,394/-.

¶319

I have perused the record and office report, present appeal is filed well within the period of limitation as prescribed under Tribunal (Procedure) Rules, 1997. Record also reveals that the appellant has never participated in the proceeding before respondent authority. According to him, he has received the order from the department for depositing of the dues and thereafter, he came to know that the order has been passed.

¶320

Respondent department has submitted that appellant has been informed regularly. As per record, the matter is listed to webex hearing however, the copy of sharing link has not been produced in this file nor the dispatch register. Respondent department is directed to bring all the records including the dispatch register as well as notice issued through webex.

¶321

The respondent is further directed to bring the record whether the pronouncement of order has been reflected in the cause list of the day. Put up on 27.03.2025. Till then operation of the impugned order is stayed.

¶322

Atul Kumar Garg (Presiding Officer)

¶323

M.A. No. 01/2025 for restoration of dismissed appeal no. D-2/20/2024 M/s Pine Tree Hospitality vs. RPFC, Gurugram West.

¶324

Present: Ms. Neetu Mishra, for the Appellant.

¶325

Sh. Chakradhar Panda, Ld. Counsel, & Sh. Pradeep Batra, A/R for the Respondent.

¶326

Order Dated-10.03.2025

¶327

Ld. Counsel for the applicant pressed her application filed for restoration of the appeal. Ld. Counsel for the respondent vehemently opposed the application citing that the appeal was dismissed due to the absence of ld. counsel for the appellant on a previous occasion on 01.05.2024 also and the same was restored by this tribunal imposing a cost of Rs.1000/- on 09.05.2024.

¶328

Ld. Counsel for the appellant stated that her absence was due to the illness and throat infection. Praying for restoration of the appeal, she submitted that despite of the direction her junior failed to appear on the fixed date and the non-appearance on her part was neither deliberate nor intentional.

¶329

I have heard the arguments of both the counsels and perused the record. This tribunal is of the opinion that though the conduct of the ld. counsel for appellant cannot be appreciated, however, in the interest of justice the misc. application for restoration of the appeal is allowed subject to a cost of Rs.1000/- which shall be paid to the respondent. After the payment of cost, the appeal shall be restored to its original position. Put up on 03.04.2025 for payment of cost and further proceedings.

¶330

Atul Kumar Garg (Presiding Officer)

¶331

D-2/22/2022 M/s Jaypee Healthcare Ltd. vs. RPFC, Noida.

¶332

Present: Sh. S.K. Gupta, Ld. Counsel, for the Appellant.

¶333

Sh. Kaushik Kumar Dey, Ld. Counsel, for the Respondent.

¶334

Order Dated-10.03.2025

¶335

At the outset, counsel for the respondent submits that appeal should have been filed by the IRP and not by the appellant who is the HR Manager.

¶336

It is admitted fact by the counsel for the appellant that now Jaypee Healthcare Ltd. has been taken over by the Max Healthcare. He also admitted the pendency of the appointment of the RP as well as their process when this appeal was filed.

¶337

In spite of this, respondent has preceded further in the present case and decided the dues. Respondent counsel submits he will file appropriate application in this regard along with all the enclosure in relation to the relevant question. Put up for filing of the application by the respondent. Respondent is directed to furnish the advanced copy along with enclosures to the appellant on 15.04.2025.

¶338

Atul Kumar Garg (Presiding Officer)

¶339

D-2/09/2024

¶340

M/s Vaco Binary Semantics LLP Consultants (India) vs. RPFC, Gurgaon.

¶341

Present: Sh. Siddharth Dias & Ms. Tanvi Malpani, Ld. Counsel, for the Respondent.

¶342

None for the Appellant.

¶343

Order Dated-10.03.2025

¶344

As none is appearing on behalf of the appellant, list the matter on 02.04.2025.

¶345

Atul Kumar Garg (Presiding Officer)

¶346

D-2/09/2020 & 1001(16)2016 M/s Vitalife Lab. vs. APFC/RPFC, Gurgaon.

¶347

Present: Sh. Nikhil Kumar, counsel for the Appellant. Sh. Pradeep Batra, A/R for the Respondent.

¶348

Order Dated-12.03.2025

¶349

The counsel appearing on behalf of the appellant and submitted two order dated 15.05.2024 and 27.02.2025 respectively passed by National Company Law Tribunal. He further sought time to file his vakalatnama. Accordingly, list both these matters on 30.04.2025 for further proceedings.

¶350

Atul Kumar Garg (Presiding Officer)

¶351

D-2/35/2024 M/s R.B. Enterprises vs. APFC/RPFC, Faridabad.

¶352

Present: Sh. Ravi Ranjan, ld. counsel, for the Appellant. Sh. B.B. Pradhan, Ld. Counsel, for the Respondent.

¶353

Order Dated-17.03.2025

¶354

Today the matter is listed for reporting compliance of the order dated 14.01.2025 wherein the appellant was directed to deposit an amount of Rs.25,00,000/- as a condition for stay. However, Ld. Counsel appearing on behalf of the appellant stating that he requires more time to comply with the directions of depositing the above amount. In the interest of justice, a time of further two weeks is granted for reporting compliance. List the matter on 01.04.2025 for reporting the compliance aforementioned as well as filing of reply to the appeal by and on behalf of the respondent. In the meanwhile, interim order, if any, to continue till next date of hearing.

¶355

Atul Kumar Garg (Presiding Officer)

¶356

D-2/43/2024 M/s General Security & Information Services Pvt. Ltd. vs. APFC/RPFC, Faridabad.

¶357

Present: Ms. Shrabani Chakrabarty, ld. counsel, for the Appellant. Sh. Sanjeev Mishra, Ld. Counsel, for the Respondent.

¶358

Order Dated-17.03.2025

¶359

Today ld. counsel for the appellant moved one print out of application u/s 151 CPC for clarifying limitation and permanent exemption of personal appearance of the director Sh. Jitenjal Sinha on hearing dates.

¶360

The said application is also having a photo copy of affidavit of Sh. Jitenjal Sinha signed at New Delhi in which the day column is empty and it is duly notarized by Sarbani Mitra of Sealdah Court on 17.03.2025. Ld. Counsel for the appellant further submitted that the original application shall reach to her within two or three days and she shall file the same on receiving it.

¶361

Accordingly, list the matter on 08.04.2025 for consideration of this misc. application.

¶362

Atul Kumar Garg (Presiding Officer)

¶363

D-2/07/2020 M/s H.K. Corporation vs. RPFC, Faridabad.

¶364

Present: Sh. S.K. Gupta, ld. counsel, for the Appellant. None for the Respondent.

¶365

Order Dated-17.03.2025

¶366

As none appeared on behalf of the respondent. List the matter on 04.04.2025 for final arguments.

¶367

Atul Kumar Garg (Presiding Officer)

¶368

Later at 03.15 P.M.

¶369

Sh. Chakradhar Panda appeared on behalf of the respondent and noted the next date of hearing.

¶370

Atul Kumar Garg (Presiding Officer)

¶371

D-2/02/2023

¶372

M/s Wear well India Pvt. Ltd. vs. RPFC, Noida.

¶373

Present: Sh. S.K. Khanna, ld. counsel, for the Appellant. None for the Respondent.

¶374

Order Dated-17.03.2025

¶375

As none appeared on behalf of the respondent. List the matter on 22.04.2025 for final arguments.

¶376

Atul Kumar Garg (Presiding Officer)

¶377

D-2/16/2021

¶378

M/s. Satish Kumar Sharma SPCBP (Bilaspur) vs. APFC, Gurugram West.

¶379

Present: Sh. S.K. Khanna, Ld. Counsel for the Appellant. Sh. Pradeep Batra, A/R for the Respondent.

¶380

Order Dated-18.03.2025

¶381

AR for the respondent has filed the LCR which is kept with the record of this appeal. The AR appereing on behalf of the respondent also informed that his counsel Sh. B.B. Pradhan is appearing before NCLT and he is not aware till what time he shall appear today.

¶382

Accordingly, in the interest of justice, list the matter on 28.03.2025 for final arguments.

¶383

Atul Kumar Garg (Presiding Officer)

¶384

D-2/02/2025 M/s. Qspear Consultancy vs. APFC/RPFC, Noida.

¶385

Present: Sh. Ravi Ranjan, Ld. Counsel for the Appellant. Sh. Hemant Kumar, A/R for the Respondent.

¶386

Order Dated-19.03.2025

¶387

Today the case is listed for filing of compliance of the order dated 10.02.2025 wherein the appellant was directed to deposit 30% of the amount assessed u/s 14 & 7Q both as a condition for stay by way of FDR.

¶388

Accordingly, ld. counsel for the appellant has filed an FDR no. 9249787109 amounting to Rs.37,05,550/- (Kotak Mahindra Bank) favoring Registrar CGIT. The same is kept in the case file in a plastic cover. As the appellant has complied with the direction dated 10.02.2025, the operation of the impugned orders is stayed till finalization of the appeal.

¶389

The A/R appearing on behalf of the respondent stated that more time is required to file the reply to this appeal. In the interest of justice, prayer to more time is allowed. Put up on 16.04.2025 for filing of reply by the respondent.

¶390

Atul Kumar Garg (Presiding Officer)

¶391

D-2/25/2024 M/s. Seasons Textiles vs. APFC, Noida.

¶392

Present: Sh. Ravi proxy counsel for the Appellant. Sh. Hemant Kumar, A/R for the Respondent.

¶393

Order Dated-19.03.2025

¶394

Today the case is listed for filing of the rejoinder by the appellant, however, proxy counsel appearing for the appellant requested for more time. In the interest of justice, prayer to grant more time is allowed. Put up on 16.04.2025 for filing of rejoinder by the appellant.

¶395

Atul Kumar Garg (Presiding Officer)

¶396

D-2/22/2018

¶397

M/s. Shivalik Prints vs. APFC Faridabad.

¶398

Present: Sh. J.R Sharma, Ld. Counsel & Sh. Bhupesh Sharma for the Appellant.

¶399

Sh. B.B. Pradhan, Ld. Counsel, & Sh. Devesh Garg, A/R for the Respondent.

¶400

Order Dated-19.03.2025

¶401

The ld. counsel for the respondent has filed original trial court record (running into two volumes) pertaining to the proceeding conducted under section 7A of the Act.

¶402

Ld. Counsel for the appellant seeks leave of this tribunal to inspect the same. Prayer for inspection of the TCR is allowed and ld. counsel for the appellant is free to inspect the record after submitting an application in this regard. Put up on 17.04.2025 for final arguments.

¶403

Atul Kumar Garg (Presiding Officer)

¶404

D-2/16/2024 M/s. Brij Laxmi Paper Products Pvt. Ltd. vs. RPFC Faridabad.

¶405

Present: Sh. Vivek Gupta, Ld. Counsel for the Appellant. Sh. Sandeep Mishra, Ld. Counsel, for the Respondent.

¶406

Order Dated-19.03.2025

¶407

Counsel appearing on behalf of the appellant stating that they have received an amount of Rs.2,16,925/- as agreed to be refunded by the respondent. He further prayed for more time to assess that whether more amount is required to be refunded by the respondent. In the interest of justice, time is granted. Put up on 16.04.2025.

¶408

Atul Kumar Garg (Presiding Officer)

¶409

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI;

¶410

D-2/04/2025 M/s. Bimalraj Outsourcing Pvt. Ltd. vs. APFC/RPFC Gurugram West.

¶411

Present: Sh. J.R. Sharma, Ld. Counsel for the Appellant. Sh. Satpal Singh Adv., & Sh. Pradeep Batra, A/R for the Respondent.

¶412

Order Dated-24.03.2025

¶413

This is an appeal filed against an order passed u/s 14B & 7Q of the EPF & MP Act, 1952 (hereinafter referred as the Act). Office has reported that the appeal is filed within limitation having been filed on 19.03.2025 against the impugned order dated 18.02.2025, the same is admitted for hearing.

¶414

Counsel for respondent has sought time stating that he will file a detailed reply within two weeks to the stay application. He is at liberty to do so. Put up for arguments on the stay application on 17.04.2025. Till then, no coercive steps be taken against the appellant.

¶415

Atul Kumar Garg (Presiding Officer)

¶416

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI;

¶417

D-2/05/2025

¶418

M/s. Soorya Nextech Pvt. Ltd. vs. APFC/RPFC Gurugram East.

¶419

Present: Sh. Ishaan Mukherjee, for the Appellant. Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶420

Order Dated-24.03.2025

¶421

This is a fresh appeal filed under section 7-I of the EPF & MP Act, 1952 (hereinafter referred as the Act) assailing the order passed u/s 7A of the Act dated 23.01.2020. Along with the appeal, an application for condonation of delay has been filed by the appellant.

¶422

Office has reported that delay has been of more than five years. In the application, the applicant has also admitted the above said delay. However, he has stated that the appellant had taken the wrong route. First he had approached the Punjab and Haryana High Court in the writ petition bearing No. CWP- 12172-2023 against the order of attachment dated 01.12.2020 passed by respondent authority. However, subsequently he had withdrawn the writ petition on 13.10.2023. Even again, he had filed a civil suit bearing CNR no HRGR020053022023 before Civil Judge (Jr. Divn.) Gurugram, against the order of RPFC, which he had also withdrawn on 21.03.2024. In these circumstances he submits that the delay be condoned.

¶423

Respondent counsel has opposed the above said plea taken by the respondent and submits that this tribunal has no discretion to condone the delay beyond 60 days.

¶424

Before proceeding further, it is important to quote the provisions of Rule 7(2) of the Tribunal (Procedure) Rules, 1997 which are as under:-

¶425

Rule 7(2) Fee, time for filing appeal, deposit of amount due on filing appeal. - (1)….

¶426

(2) Any person aggrieved by a notification issued by the Central Government or an order passed by the Central Government or any other authority under the Act, may within 60 days from the date of issue of the notification/order prefer an appeal to the Tribunal:

¶427

Provided that the Tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the prescribed period, extend the said period by a further period of 60 days :

¶428

Provided further that no appeal by the employer shall be entertained by a Tribunal unless he has [deposited with the Tribunal a Demand Draft payable in the Fund and bearing] 75 per cent of the amount due from him as determined under section 7A:

¶429

Provided also that the Tribunal may for reasons to be recorded in writing, waive or reduce the amount to be deposited under section 7-O.

¶430

From the perusal of the above said rules, it becomes quite clear that this tribunal can extend the period of limitation for another sixty days after expiry of the period of first sixty days from issuance of the impugned order, if the appellant is able to show bonafide. Here in the present case, the delay is of not 120 days in filing the appeal from the issuance of the impugned order dated 23.01.2020 but it has extended up to more than five years. Reasons assigned by the appellant is not satisfactory. Even if it is assumed that the limitation falls within the Covid period that begins from the last week of March, 2020 till February, 2022, then also the appeal shall have been filed in the month of March or April, 2022. However, instead of filing the appeal before this tribunal, against an order passed by the respondent under section 7 A of the Act, the appellant had approached the Punjab and Haryana High Court by way of writ petition, assailing the order of attachment dated 01.12.2020 which is against the recovery of the amount due. It cannot be said that he has not the knowledge of the impugned order. At least he had come to know the passing of the order on 01.12.2020.

¶431

Circumstances stated above, does not warrant of using any discretion of this tribunal for condoning the delay in filing the appeal. Hence, the application filed for condonation of delay is dismissed. Consequent thereto, the appeal filed by the appellant is also dismissed. Consign the record to the record room as per Rules.

¶432

Atul Kumar Garg (Presiding Officer)

¶433

D-2/39/2024 M/s. Leeway Manpower Pvt. Ltd. vs. APFC/RPFC Gurugram East.

¶434

Present: Sh. S.K. Khanna, Ld. Counsel for the Appellant. Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶435

Order Dated-24.03.2025

¶436

Ld. Counsel for the respondent has filed the reply to this appeal. Copy of the same stands supplied to ld. counsel for the appellant who does not file to any rejoinder and prays for listing of the case for final arguments. Put up on 24.04.2025 for final arguments.

¶437

Atul Kumar Garg (Presiding Officer)

¶438

D-2/07/2023 M/s. Sandhar Han Sung Technologies Pvt. Ltd. vs. APFC/RPFC Gurugram West.

¶439

Present: Adv. Sumayya Khatoon, for the Appellant. Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶440

Order Dated-24.03.2025

¶441

Ld. Counsel for the respondent seeks time to file written arguments. In the interest of justice, time is granted. Put up on 24.04.2025 for final arguments.

¶442

Atul Kumar Garg (Presiding Officer)

¶443

D-2/28/2024

¶444

M/s. Widmans Laboratory vs. APFC/RPFC Gurugram West.

¶445

Present: Sh. Gaurav, proxy for Ms. Neetu Mishra, Ld. Counsel for the Appellant.

¶446

Sh. Chakradhar Panda, Ld. Counsel, for the Respondent.

¶447

Order Dated-24.03.2025

¶448

Proxy counsel appearing on behalf of the appellant requested for an adjournment. In the interest of justice, adjournment granted. Put up on 24.04.2025.

¶449

Atul Kumar Garg (Presiding Officer)

¶450

D-2/44/2024 M/s JPM Automobiles Ltd. vs. APFC/RPFC, Gurugram West.

¶451

Present: Sh. S.K. Khanna, Ld. Counsel, for the Appellant. Sh. Pradeep Batra, A/R for the Respondent.

¶452

Order dated-25.03.2025

¶453

The A/R appearing on behalf of the respondent seeks an adjournment as the counsel is unable to attend the hearing before this tribunal today. Put up on 09.04.2025. In the meanwhile, interim order, if any, to continue till next date of hearing.

¶454

Atul Kumar Garg (Presiding Officer)

¶455

D-2/10/2019 M/s Lakhani Footwear Pvt. Ltd. vs. RPFC, Faridabad.

¶456

Present: Sh. Sanjay Kumar, Counsel for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶457

Order dated-26.03.2025

¶458

Today the case is listed for filing the legible copies of the documents on behalf of the appellant. Ld. Counsel for the appellant filed the documents. Copy of the same supplied today to ld. Counsel for the respondent. Put up on 22.04.2025 for final arguments.

¶459

Atul Kumar Garg (Presiding Officer)

¶460

D-2/11/2019 M/s Lakhani Rubber Works Vs. RPFC, Faridabad.

¶461

Present: Sh. Sanjay Kumar, Counsel for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶462

Order dated-26.03.2025

¶463

¶464

Atul Kumar Garg (Presiding Officer)

¶465

D-2/18/2019 M/s Lakhani Armaan Shoes Pvt. Ltd. Vs. RPFC, Faridabad.

¶466

Present: Sh. Sanjay Kumar, Counsel for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶467

Order dated-26.03.2025

¶468

¶469

Atul Kumar Garg (Presiding Officer)

¶470

808(14)2016 M/s Viraj Exports Vs. APFC, Noida.

¶471

Present: Sh. Sanjay Kumar, Counsel for the Appellant. None for the Respondent.

¶472

Order dated-26.03.2025

¶473

This tribunal is in receipt of one application seeking adjournment on behalf of Sh. Narender Kumar, the ld. Counsel for the respondent, on account of hospitalization of his sister. In the interest of justice, adjournment is granted. Put up on 23.04.2025 for final arguments.

¶474

Atul Kumar Garg (Presiding Officer)

¶475

D-2/32/2019 M/s Viraj Exports Pvt. Ltd. Vs. CBT; APFC, Noida.

¶476

Present: Sh. Sanjay, Proxy Counsel, for the Appellant. None for the Respondent.

¶477

Order dated-26.03.2025

¶478

¶479

Atul Kumar Garg (Presiding Officer)

¶480

D-2/38/2024 M/s Zabi Enterprises vs. APFC/RPFC, Gurugram East.

¶481

Present: Proxy for the Appellant. Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶482

Order dated-27.03.2025

¶483

Proxy counsel for the appellant request for an adjournment on behalf of Sh. Prakash Kumar, ld. Counsel for the appellant could not appear before this tribunal due to some personal difficulty. Accordingly, list the matter on 23.04.2025 for filing of rejoinder as the last chance.

¶484

Atul Kumar Garg (Presiding Officer)

¶485

D-2/39/2022 M/s Sudhir Power Ltd. Vs. RPFC, Gurugram.

¶486

Present: Sh. Umesh Gulati, Ld. Counsel, for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶487

Order dated-27.03.2025

¶488

Arguments in the matter heard in part. List the matter on 29.04.2025.

¶489

Atul Kumar Garg (Presiding Officer)

¶490

D-2/16/2021

¶491

M/s Satish Kumar Sharma SPCBP (Bilaspur) Vs. APFC, Gurugram (West)

¶492

Present: Sh. S.K. Khanna, Ld. Counsel, for the Appellant. Sh. B.B. Pradhan, Ld. Counsel & Sh. Pradeep Batra, A/R for the Respondent.

¶493

Order dated-28.03.2025

¶494

Final arguments in the matter heard and concluded. The matter is reserved for pronouncement of order.

¶495

Atul Kumar Garg (Presiding Officer)

¶496

D-2/35/2024 M/s R.B. Enterprises vs. RPFC, Faridabad.

¶497

Present: None for the Appellant.

¶498

Sh. B.B. Pradhan, Ld. Counsel & Sh. Devesh, A/R for the Respondent.

¶499

Order dated-01.04.2025

¶500

Today the case is listed for reporting compliance of the order dated 14.01.2025 by the appellant. However, neither the compliance has been reported by the appellant nor anybody has appeared on behalf of the appellant despite several calls made till 03:30 P.M. Sh. B.B. Pradhan, ld. Counsel for the respondent is present throughout the calls. Accordingly, the present appeal is dismissed for want of prosecution. File be consigned to the record room.

¶501

Sd/-

¶502

Atul Kumar Garg (Presiding Officer)

¶503

D-2/30/2019 M/s Greater Noida Industrial Development Authority vs. RPFC, Noida.

¶504

Present: Sh. S.K. Gupta, Ld. Counsel for the Appellant.

¶505

Ms. Santwana Agarwal, Ld. Counsel & Sh. Santosh Singh A/R for the Respondent.

¶506

Order dated-01.04.2025

¶507

Respondent is granted more time to ascertain the status of the case pertaining to Mathura Vrindavan Development Authority. Ld. Counsel for the appellant is also granted liberty to file his written notes of arguments as well as the case is relied upon by him. Put up on 21.04.2025 for further arguments.

¶508

Atul Kumar Garg (Presiding Officer)

¶509

D-2/23/2021 M/s N 1 Media Consultancy (P) Limited Vs. APFC, Noida.

¶510

Present: Sh. K.K. Pandey, Ld. Counsel for the Appellant.

¶511

Sh. Kaushik Kumar Dey, Ld. Counsel & Sh. Deepak Meena, A/R for the Respondent.

¶512

Order dated-01.04.2025

¶513

Ld. Counsel for the respondent has failed to file his written notes of arguments. In the interest of justice, one more opportunity is granted as a last chance. Put up on 29.04.2025 for filing of written notes of arguments as well as for final arguments.

¶514

Atul Kumar Garg (Presiding Officer)

¶515

D-2/03/2023 M/s Umang Appliances & Equipments (P) Ltd. vs. APFC, Noida.

¶516

Present: None for the Appellant.

¶517

Sh. Kaushik Kumar Dey, Ld. Counsel for the Respondent.

¶518

Order dated-01.04.2025

¶519

The ld. Counsel for the respondent has informed this tribunal that he has received one request for seeking adjournment by and on behalf of the ld. Counsel for the appellant. In the interest of justice, adjournment is granted. Put up on 29.04.2025 for final arguments.

¶520

Atul Kumar Garg (Presiding Officer)

¶521

D-2/10/2024 M/s National Institute of Open Schooling vs. RPFC, Noida.

¶522

Present: Sh. B.K. Singh, for the Appellant.

¶523

Ms. Santwana Agarwal, Ld. Counsel for the Respondent.

¶524

Order dated-01.04.2025

¶525

The counsel appearing on behalf of the appellant stated that the arguing counsel Sh. Sunil Kumar Srivastava, is unable to appear today and requested for an adjournment. In the interest of justice, adjournment is granted. Put up on 01.05.2025 for final arguments.

¶526

Atul Kumar Garg (Presiding Officer)

¶527

D-2/10/2024 M/s National Institute of Open Schooling vs. RPFC, Noida.

¶528

Present: Sh. B.K. Singh, for the Appellant.

¶529

Ms. Santwana Agarwal, Ld. Counsel for the Respondent.

¶530

Order dated-01.04.2025

¶531

¶532

Atul Kumar Garg (Presiding Officer)

¶533

D-2/23/2020 M/s Antony Road Transport Solutions Pvt. Ltd. vs. RPFC, Noida.

¶534

Present: None for the Appellant.

¶535

Sh. Rajesh Kumar, proxy counsel for the Respondent.

¶536

Order dated-02.04.2025

¶537

Office has reported that it has received the mail from the respondent counsel (Sh. Sandeep Vishnu Adv.) mentioning that he has returned all the files of the matters pertaining to CGIT to the respondent with a request to appoint some other advocate because he is not at the best of his health.

¶538

In these circumstances, case is adjourned to 02.05.2025. In the meanwhile, trial court record in compliance of the order dated 06.12.2024 be requisition. Copy of the order be sent to both the parties through email.

¶539

Atul Kumar Garg (Presiding Officer)

¶540

D-2/09/2024 M/s Vaco Binary Semantics LLP Consultants (India) Vs. RPFC, Gurgoan.

¶541

Present: Sh. Siddharth Dias & Ms. Tanvi Malpani, for the Appellant. Sh. S.N. Mahanta, Ld. Counsel & Ms. Reshma Bajaj, A/R for the respondent.

¶542

Order dated-02.04.2025

¶543

Final arguments in the matter heard in part. Ld. Counsel for the respondent is directed to produce the record pertaining to the enquiry conducted u/s 7A of the EPF & MP Act, 1952 along with the E.O. report consisting of the bifurcation made with regard to the basic wages and minimum wages. Put up on 17.04.2025 for production of the record as directed today as well as further arguments.

¶544

Atul Kumar Garg (Presiding Officer)

¶545

D-2/20/2024 M/s Pine Tree Hospitality vs. RPFC, Gurugram West.

¶546

Present: None for the Appellant.

¶547

Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶548

Order dated-03.04.2025

¶549

Record perused. On the last date of hearing i.e. 10.03.2025 restoration of the appeal was allowed subject to the cost of Rs.1000/- which was to be paid to the respondent. However, neither the cost has been paid nor counsel has appeared. Record further reveals that on the date of first listing of the appeal i.e. on 01.05.2024, it was dismissed due to nonappearance of the ld. Counsel for the appellant. Thereafter, on the application of the appellant, appeal was restored subject to a cost of Rs.500/- on 09.05.2024.

¶550

On 13.05.2024, this tribunal had stayed the impugned order subject to deposit of Rs.4,00,000/- by way of FDR payable in favour of Registrar CGIT initially for a period of one year having auto renewal mode thereafter and the case was listed for 22.07.2024. On 22.07.2024, the order was complied but again appeal was dismissed on 09.01.2025 as nobody was appearing for the last three dates i.e. 28.10.2024, 26.11.2024 & 09.01.2024.

¶551

Subsequently, the appellant counsel had moved application for restoration of the appeal and order has been passed by this tribunal on 10.03.2025 wherein the application for restoration of the appeal was allowed subject to a cost of Rs.1000/- as mentioned above.

¶552

Considering the fact, neither the cost has been paid nor the counsel had appeared for argument, the appeal stands dismissed. Stay granted earlier is vacated automatically.

¶553

Atul Kumar Garg (Presiding

¶554

Officer)

¶555

Immediately, after the dismissal of this appeal, at 02:28 P.M., Ms. Neetu Mishra, appeared and prayed to record her presence. She has also paid the cost of Rs.1000/- to the ld. Counsel for the respondent. Accordingly, the above order of dismissal of this appeal is recalled. Appeal is restored. Put up the case on 11.04.2025.

¶556

Atul Kumar Garg

¶557

(Presiding Officer)

¶558

D-2/18/2020 M/s Bata India Limited vs. RPFC, Faridabad.

¶559

Present: Sh. Himashu Chaudhary, proxy for the Appellant. Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶560

Order dated-03.04.2025

¶561

The proxy counsel appearing on behalf of the appellant requested for an adjournment stating that father of one of the counsels from his legal firm has expired and all the counsels have to visit the Shamshan Ghat for cremation. Accordingly, in the interest of justice, adjournment is granted. List the matter on 13.05.2025 for final arguments.

¶562

Atul Kumar Garg (Presiding Officer)

¶563

D-2/02/2024 M/s Cadence Design Systems (India) Pvt. Ltd. vs. RPFC-I, Noida.

¶564

Present: None for the Appellant.

¶565

Sh. Santosh Singh, A/R for the Respondent.

¶566

Order dated-03.04.2025

¶567

The A/R appearing on behalf of the respondent stated that he has received the information from his counsel Sh. Sandeep Vishnu that he has returned all the file of the CGIT to the respondent with a request to appoint some other advocate because he is not at the best of his health.

¶568

In these circumstances, case is adjourned to 13.05.2025 for final arguments.

¶569

Atul Kumar Garg (Presiding Officer)

¶570

D-2/03/2024 M/s Cadence Design Systems (India) Pvt. Ltd. vs. RPFC-I, Noida.

¶571

Present: None for the Appellant.

¶572

Sh. Santosh Singh, A/R for the Respondent.

¶573

Order dated-03.04.2025

¶574

¶575

In these circumstances, case is adjourned to 13.05.2025 for final arguments.

¶576

Atul Kumar Garg (Presiding Officer)

¶577

D-2/07/2020 M/s H.K. Corporation vs. RPFC, Faridabad.

¶578

Present: Sh. Raj Kumar, proxy for the Appellant.

¶579

Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶580

Order dated-04.04.2025

¶581

The proxy counsel appearing on behalf of the appellant requested for an adjournment. In the interest of justice, adjournment is granted. List the matter on 24.04.2025 for final argument.

¶582

Atul Kumar Garg (Presiding Officer)

¶583

D-2/23/2022 M/s Polyplastic Automotive India Pvt. Ltd. vs. RPFC, Gurugram.

¶584

Present: Sh. Raj Kumar, proxy for the Appellant.

¶585

Sh. Chakradhar Panda, Ld. Counsel & Sh. Pradeep Batra, A/R for the Respondent.

¶586

Order dated-04.04.2025

¶587

The proxy counsel appearing on behalf of the appellant requested for an adjournment. In the interest of justice, adjournment is granted. List the matter on 24.04.2025 for final argument.

¶588

Atul Kumar Garg (Presiding Officer)

¶589

D-2/01/2025 M/s Chennai MSW Pvt. Ltd. vs. APFC/RPFC, Noida.

¶590

Present: Sh. Ravi Ranjan Mishra, Ld. counsel for the Appellant. Ms. Santwana Aggarwal, Ld. Counsel & Sh. Santosh Kumar Singh, A/R for the Respondent.

¶591

Order dated-07.04.2025

¶592

Ld. Counsel for the respondent has filed reply to misc. application filed u/s 7O of the EPF & MP Act, 1952 seeking waiver of the pre deposit amount. Copy of the same stands supplied to the ld. Counsel for the appellant who request some time for arguing the matter on this misc. application. In the interest of justice, time is granted. Put up on 25.04.2025.

¶593

Atul Kumar Garg (Presiding Officer)

¶594

D-2/14/2018 M/s UPSRTC, Noida Region vs. RPFC, Noida.

¶595

Present: Sh. Shadab Khan, for the Appellant.

¶596

Ms. Santwana Aggarwal, Ld. Counsel for the Respondent.

¶597

Order dated-07.04.2025

¶598

Written submission on behalf of both the parties stands filed. Put up on 08.05.2025 for final arguments.

¶599

Atul Kumar Garg (Presiding Officer)

¶600

D-2/06/2021 M/s UPSRTC, Noida Region vs. RPFC, Noida.

¶601

Present: Sh. Shadab Khan, for the Appellant.

¶602

Ms. Santwana Aggarwal, Ld. Counsel for the Respondent.

¶603

Order dated-07.04.2025

¶604

Written submission on behalf of both the parties stands filed. Put up on 08.05.2025 for final arguments.

¶605

Atul Kumar Garg (Presiding Officer)

¶606

D-2/19/2021 M/s Ghatak Security Services vs. APFC, Noida.

¶607

Present: Sh. Ravi Ranjan Mishra, for the Appellant. Sh. Santosh Kumar Singh, A/R for the Respondent.

¶608

Order dated-07.04.2025

¶609

Ld. Counsel for the appellant stated that he has received one request from Sh. Sandeep Vishnu, stating that he has left all the cases in which he was representing the respondent and as in one of the appeals bearing no D- 2/19/2021, Sh. Sandeep Vishnu is the counsel. He further submitted that he wants to argue both the matters at the same time and therefore, an adjournment be given to him. Considering the above submission, respondent authority is directed to appoint a new counsel before the next date of hearing in appeal no D-2/19/2021. Put up both this case on 23.04.2025 for final arguments.

¶610

Atul Kumar Garg (Presiding Officer)

¶611

D-2/05/2023 M/s Ghatak Security Services vs. APFC, Noida.

¶612

Present: Sh. Ravi Ranjan Mishra, for the Appellant. Sh. B.B. Pradhan, Ld. Counsel and Sh. Santosh Kumar Singh, A/R for the Respondent.

¶613

Order dated-07.04.2025

¶614

¶615

Atul Kumar Garg (Presiding Officer)

¶616

D-2/27/2019 M/s Hi-Tac Manpower Services Pvt. Ltd. Vs. RPFC Gurugram.

¶617

Present: Sh. Bhupesh Sharma, for the Appellant.

¶618

Sh. Pradeep Batra, A/R for the Respondent.

¶619

Order dated-09.04.2025

¶620

As Ld. Counsel for the respondent is not present, list the matter on 28.04.2025 for filing of written notes of arguments by the appellant.

¶621

Atul Kumar Garg (Presiding Officer)

¶622

D-2/01/2022 M/s Tenneco Automotive India Pvt. Ltd. vs. RPFC Gurugram.

¶623

Present: Ms. Vaishnavi, proxy for the Appellant.

¶624

Sh. Pradeep Batra, A/R for the Respondent.

¶625

Order dated-09.04.2025

¶626

As arguing counsels for both the parties are not present. List the matter on 28.04.2025 for final arguments.

¶627

Atul Kumar Garg (Presiding Officer)

¶628

D-2/41/2022 M/s Sterling Mobikes Pvt. Ltd. vs. RPFC Gurgaon.

¶629

Present: Sh. S.K. Khanna, Ld. Counsel for the Appellant. Sh. Satpal Singh, Ld. Counsel & Sh. Pradeep Batra, A/R for Respondent.

¶630

the

¶631

Order dated-09.04.2025

¶632

The Ld. Counsel for the respondent has filed his written notes of argument. Final arguments in the matter heard at length and completed. The matter is reserved for pronouncement of order.

¶633

Atul Kumar Garg (Presiding Officer)

¶634

D-2/44/2024

¶635

M/s JPM Automobiles Ltd. vs. APFC/RPFC, Gurugram West.

¶636

Present: Sh. S.K. Khanna, Ld. Counsel for the Appellant. None for the respondent.

¶637

Order dated-09.04.2025

¶638

As none is present on behalf of the respondent. List the matter on 30.04.2025 for final arguments.

¶639

Atul Kumar Garg (Presiding Officer)

¶640

D-2/20/2024 M/s Pine Tree Hospitality vs. RPFC Gurugram West

¶641

Present: None for the Appellant.

¶642

Sh. Chakradhar Panda, Ld. Counsel & Sh. Pradeep Batra, A/R for the respondent.

¶643

Order dated-11.04.2025

¶644

Office has reported that appellant counsel has expressed her inability to appear before this tribunal because she was under the impression that court would be closed.

¶645

Record perused. On the last date of hearing, this tribunal had restored the appeal subject to the cost of Rs.1000/- which has been paid by the appellant. Record further reveals, this appeal was dismissed three time already for want of prosecution. Today’s date was given by this tribunal in the presence of the counsels. In these circumstances, case is listed for final arguments subject to the cost of Rs.5000/- out of which Rs.3000/- shall be deposited with DLSA and remaining amount of Rs.2000/- is to be paid to ld. Counsel for the respondent. Put up on 14.05.2025.

¶646

Atul Kumar Garg (Presiding Officer)

¶647

D-2/43/2024

¶648

M/s General Security & Information Services Pvt. Ltd. vs. APFC/RPFC Faridabad, Noida.

¶649

Present: None for the Appellant.

¶650

Adv. Sandeep Mishra, Ld. Counsel for the Respondent.

¶651

Order dated-15.04.2025

¶652

Appellant counsel is not present. This tribunal has given so many opportunities to the appellant for complying with the directions of securing presence of Sh. Jitenjal Sinha, who had been called for explaining the fact for communicating the details about closure of the establishment to the respondent. Let the case be fixed for consideration on 17.04.2025. In the meanwhile, department is directed to produce the trial court record.

¶653

Atul Kumar Garg (Presiding Officer)

¶654

Later, at 03:30 P.M. Ms. Shrabani Chakrabarti appeared and filed original application along with affidavit the same is kept in the file for consideration on 17.04.2025.

¶655

Atul Kumar Garg (Presiding Officer)

¶656

M.A. No. 02/2025 in dismissed appeal no. D-2/06/2020 M/s Zapdor Engineering Pvt. Ltd. vs. APFC, Noida.

¶657

Present: Sh. Anshuman Upadhyay & Sh. Manish Kumar Mishra, for the Appellant.

¶658

Sh. Kaushik Kumar Dey, Ld. Counsel & Sh. Deepak Meena, A/R for the Respondent.

¶659

Order dated-15.04.2025

¶660

Appellant counsel is present. He has pressed his misc. application for restoration of the appeal. Office has stated that the previous counsel Sh. Rajiv Arora has filed a caveat citing that before deciding this application, he be heard.

¶661

Record perused. Earlier on 05.03.2025 this tribunal had dismissed the appeal recording the averment of Sh. Rajiv Arora regarding his submission that he is not in touch of his client despite of several communications made through email and WhatsApp. In these circumstances, put up the present application on 22.04.2025. Office is also directed to inform the previous counsel Sh. Rajiv Arora about the next date of hearing.

¶662

Atul Kumar Garg (Presiding Officer)

¶663

D-2/07/2021 M/s International Hospital Ltd. vs. RPFC Noida.

¶664

Present: Sh. Sarthak Tyagi, proxy for the Appellant.

¶665

A/R

¶666

Sh. Chakradhar Panda, Ld. Counsel & Sh. Deepak Mishra, for the Respondent.

¶667

Order dated-15.04.2025

¶668

The proxy counsel appearing on behalf of the appellant requested for an adjournment citing that the main counsel Sh. Anil Bhatt is arguing a matter before Hon’ble Supreme Court. Accordingly, adjournment is granted. Put up on 17.04.2025 for final arguments.

¶669

Atul Kumar Garg (Presiding Officer)

¶670

D-2/22/2022 M/s Jaypee Healthcare Ltd. vs. RPFC Noida.

¶671

Present: Sh. S.K. Gupta, Ld. Counsel for the Appellant. Sh. Kaushik Kumar Dey, Ld. Counsel for the Respondent.

¶672

Order dated-15.04.2025

¶673

During the hearing conducted on 10.03.2025, ld. Counsel for the respondent had sought permission to file appropriate application along with all the enclosures relating to the question that appeal should have been filed by the IRP and not by the appellant who is the H.R. Manager.

¶674

However, ld. Counsel for the respondent wants more time to file the application. In the interest of justice, prayer to grant more time is allowed. List the matter on 20.05.2025 for filing of the application and thereafter consideration of the same.

¶675

Atul Kumar Garg (Presiding Officer)

¶676

D-2/36/2024 M/s Rathi Steel & Power Ltd. vs. APFC Meerut.

¶677

Present: Sh. Kumar Vikram, Ld. Counsel for the Appellant. Sh. Kanhaiya Singhal, Ld. Counsel for the Respondent.

¶678

Order dated-15.04.2025

¶679

During the hearing conducted on 24.02.2025, ld. Counsel for the appellant was directed to submit additional documents along with the signature and a certificate u/s 63 of Bhartiya Sakshya Adhiniyam. However, ld. Counsel for the appellant seeks more time to file the above said documents. In the interest of justice, prayer to grant more time is allowed. List the matter on 15.05.2025 for filing of the said documents and final arguments thereafter.

¶680

Atul Kumar Garg (Presiding Officer)

¶681

D-2/41/2024 M/s Bhagpat Industries Ltd. vs. APFC/ RPFC Noida.

¶682

Present: Sh. Arvind Kumar, Ld. Counsel for the Appellant. Sh. Kanhaiya Singhal, Ld. Counsel for the Respondent.

¶683

Order dated-15.04.2025

¶684

Ld. Counsel for the appellant has moved an application with the prayer that direction be given to the respondent to deattach the property which has been attached in pursuance of the order passed by the RPFC/ Recovery Officer on 04.07.2024. He submits that the said property pertains to the applicant namely Smt. Saroj Sharma who is wife of the appellant in this appeal and she has been facing financial problem. For this, ld. Counsel for the appellant has made reference to the order of this court dated 07.11.2024.

¶685

I have perused the application pressed today. The order dated 07.11.2024 does not speak anything regarding recalling of the order which has been passed earlier. It had only restrained the respondent from taking any further coercive step in regard to the execution of the order dated 04.07.2024.

¶686

Actually the appellant had taken a contradictory view. He has said that the property is in the name of the appellant firm and in the other line of the application he has said that the said property belongs to the applicant which is the wife of the appellant and she is facing financial problem. This tribunal has nothing to do with the financial problem as well as the wife’s problem while dealing with an appeal filed under section 7I of the EPF & MP Act, 1952. Hence, the application being devoid of any merit, stands dismissed. The matter being ripe for final arguments, is listed for 19.05.2025.

¶687

Atul Kumar Garg (Presiding Officer)

¶688

D-2/25/2024 M/s Seasons Textile vs. APFC Noida.

¶689

Present: None for the Appellant.

¶690

Ms. Santwana Agarwal, Ld. Counsel, for the Respondent.

¶691

Order dated-16.04.2025

¶692

Record perused. Appellant is required to file a rejoinder. However, none has appeared on behalf of appellant. The right of the appellant to file rejoinder stands closed. Put up on 30.04.2025 for final arguments.

¶693

Atul Kumar Garg (Presiding Officer)

¶694

D-2/02/2025 M/s Qspear Consultancy vs. APFC/RPFC Noida.

¶695

Present: None for the Appellant.

¶696

Ms. Santwana Agarwal, Ld. Counsel, for the Respondent.

¶697

Order dated-16.04.2025

¶698

Ld. Counsel for the respondent seeks time to file the reply of the appeal. In the interest of justice, time is granted. Put up on 30.04.2025 for filing of the reply.

¶699

Atul Kumar Garg (Presiding Officer)

¶700

D-2/16/2024 M/s Brij Laxmi Paper Products Pvt. Ltd. vs. RPFC Faridabad.

¶701

Present: Sh. Abhishek Arora, for the Appellant. Sh. Sandeep Mishra, Ld. Counsel for the Respondent.

¶702

Order dated-16.04.2025

¶703

Ld. Counsel for the appellant submits that the matter regarding excess amount has been resolved. He wants to argue on his appeal u/s 14B of the EPF & MP Act, 1952 whereby he had made prayer for reducing the damages. Considering the circumstances, which has not been taken consideration by the authority. Put up on 16.05.2025 for arguments on the appeal.

¶704

Atul Kumar Garg (Presiding Officer)

¶705

D-2/43/2024

¶706

M/s General Security & Information Services Pvt. Ltd. vs. APFC/RPFC Faridabad.

¶707

Present: None for the Appellant.

¶708

Sh. Sandeep Mishra, Ld. Counsel for the Respondent.

¶709

Order dated-17.04.2025

¶710

Ld. Counsel for the respondent has brought the original trial court record along with recovery file and the same is kept with the appeal file of this tribunal. Put up on 01.05.2025 for further consideration.

¶711

Atul Kumar Garg (Presiding Officer)

¶712

D-2/04/2025 M/s Bimalraj Outsourcing Pvt. Ltd. vs. APFC/RPFC, Gurugram West.

¶713

Present: Sh. J. R Sharma, Ld. Counsel for the Appellant. Sh. Satpal Singh, Ld. Counsel for the Respondent.

¶714

Order dated-17.04.2025

¶715

Ld. Counsel for the respondent seeks time to file the reply of the stay application. In the interest of justice, time is granted. Put up on 13.05.2025 for filing of the reply of the stay application and thereafter consideration of the same. In the meanwhile, interim orders, if any, to continue till next date of hearing.

¶716

Atul Kumar Garg (Presiding Officer)

¶717

D-2/07/2021 M/s International Hospital Ltd. vs. RPFC, Noida.

¶718

Present: Sh. K.K. Pandey, Ld. Counsel for the Appellant. Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶719

Order dated-17.04.2025

¶720

Ld. Counsel for the appellant seeks an adjournment stating that the arguing counsel Sh. Anil Bhatt is unable to appear today. Accordingly, in the interest of justice, adjournment is granted. Put up on 13.05.2025.

¶721

Atul Kumar Garg (Presiding Officer)

¶722

D-2/22/2018 M/s Shivalik Prints vs. APFC Faridabad.

¶723

Present: Sh. J. R Sharma, Ld. Counsel for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶724

Order dated-17.04.2025

¶725

Ld. Counsel for the appellant submits that he has inspected the trial court record and does not found first squad report dated 11.07.2022. Assuming the there is no report on record, parties are directed to give an advance copy of their brief submission/written argument. Put up on 20.05.2025 for arguments.

¶726

Atul Kumar Garg (Presiding Officer)

¶727

D-2/09/2024 M/s Vaco Binary Semantics LLP Consultants (India) vs. RPFC Gurgaon.

¶728

Present: Sh. Siddharth Dias, & Ms. Tanvi Malpani, Ld. Counsels for the Appellant.

¶729

Sh. S. N. Mahanta, Ld. Counsel for the Respondent.

¶730

Order dated-17.04.2025

¶731

Arguments in the matter heard and concluded. Trial court record retained with the case file of this tribunal. The case is reserved for orders. In the meanwhile, parties are at liberty to file a brief submission of their arguments in not more than two pages within a period of two weeks from today.

¶732

Atul Kumar Garg (Presiding Officer)

¶733

D-2/38/2024

¶734

M/s Zabi Enterprises vs. RPFC/ APFC Gurugram East

¶735

Present: Sh. Prakash Kumar, Ld. Counsel for the Appellant. Sh. S.N. Mahanta, for the Respondent.

¶736

Order Dated-23.04.2025

¶737

Today the case is listed for filing of rejoinder by ld. Counsel for the appellant, however, more time is prayed for submitting the rejoinder by ld. Counsel for the appellant. In the interest of justice, prayer to grant more time is allowed. Put up on 15.05.2025 for filing of rejoinder by ld. Counsel for the appellant.

¶738

Atul Kumar Garg (Presiding Officer)

¶739

808(14)2016

¶740

M/s Viraj Exports vs. APFC, Noida.

¶741

Present: Sh. Rajiv Arora, Ld. Counsel for the Appellant.

¶742

Sh. Narender Kumar, Ld. Counsel & Sh. Deepak Meena, A/R for the Respondent.

¶743

Order dated-23.04.2025

¶744

Ld. Counsel for the respondent has filed reply to the queries placed by this tribunal. Copy of the same stands supplied to ld. Counsel for the appellant. Put up the case on 19.05.2025 for final arguments. In the meanwhile, ld. Counsel for the appellant shall have the liberty to file his written objection to the reply filed today in the form of rejoinder.

¶745

Atul Kumar Garg (Presiding Officer)

¶746

D-2/32/2019

¶747

M/s Viraj Exports Pvt. Ltd. vs. CBT; APFC, Noida.

¶748

Present: Sh. Rajiv Arora, Ld. Counsel for the Appellant.

¶749

Sh. Narender Kumar, Ld. Counsel & Sh. Deepak Meena, A/R for the Respondent.

¶750

Order dated-23.04.2025

¶751

¶752

Atul Kumar Garg (Presiding Officer)

¶753

D-2/19/2021 M/s Ghatak Security Services vs. APFC Noida.

¶754

Present: Sh. Ravi Ranjan Mishra, Ld. Counsel for the Appellant.

¶755

Sh. B.B. Pradhan, ld. Counsel for the Respondent.

¶756

Order Dated-23.04.2025

¶757

Ld. Counsel for respondent, Sh. B.B. Pradhan, has filed his vakalatlama and seeks some time to prepare the final arguments. Accordingly, list the matter on 20.05.2025 for final arguments.

¶758

Atul Kumar Garg (Presiding Officer)

¶759

D-2/05/2023 M/s Ghatak Security Services vs. APFC, Noida.

¶760

Present: Sh. Ravi Ranjan Mishra, Ld. Counsel for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶761

Order dated-23.04.2025

¶762

List the case along with another appeal pertaining to the same establishment bearing no. D-2/19/2021 which is listed for final arguments on 20.05.2025.

¶763

Atul Kumar Garg (Presiding Officer)

¶764

D-2/06/2025 M/s Origo Commodities India Pvt. Ltd. vs. APFC/RPFC Gurugram East & Others.

¶765

Present: Sh. Suhail Sehgal & Sh. Olson Nair, for the Appellant.

¶766

Sh. Naresh Kumar, Ld. Counsel for the Respondent.

¶767

Order Dated-24.04.2025

¶768

This is a fresh appeal which is placed by the office for admission hearing. The office report reveals that the appeal is filed well within the time, hence, ordered to be registered. Further along with appeal, ld. Counsel for the respondent has prayed for interim relief against the recovery of the amount mentioned in the impugned orders. Ld. Counsel for the respondent wants some time to submit his reply to the main appeal as well as to the interim prayer. In the interest of justice, time is granted. Put up on 28.05.2025 for filing of reply to the main appeal and thereafter, consideration of the same on the interim prayer. In the meanwhile, respondent authority is directed not to take coercive measure for recovery of the amount as mentioned in the impugned order till next date of hearing.

¶769

Atul Kumar Garg (Presiding Officer)

¶770

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI

¶771

M.A. No. 02/2025 in dismissed appeal no. D-2/06/2020 M/s Zapdor Engineering Pvt. Ltd. vs. APFC, Noida.

¶772

Present: Sh. Manish Kumar Mishra, proxy counsel for the Applicant. Sh. Deepak Meena, A/R for the Respondent (EPFO). Sh. Rajiv Arora, Ld. Counsel who has filed the caveat.

¶773

Order dated-24.04.2025

¶774

Proxy counsel for the applicant has submitted that he has not been directly in touch with the client who has authorized him to move the application for restoration. Though in the vakalatnama, a signature has been affixed by him on asking of his senior. Privilege of indirectly engaged has been given only to the designated senior not by any advocate registered with the Bar Counsel. If the assertion of Mr. Manish Kumar Mishra is taken to be true, then he has not been authorised by the client.

¶775

Record further reveals that application has been filed on behalf of the appellant for postponing the date which was fixed for 25.04.2025 because counsel was not available. Further record perused and it is found that that there is an application pending for restoration of the appeal which was fixed for 22.04.2025. Since undersigned was on leave on the date, case was listed on 25.04.2025. Accordingly, the matter is heard today for preponing the date. A caveat has also been found on record filed by the previous counsel. On his submission that his client has not been touch for more than one year, appeal was dismissed. This tribunal also considered the conduct of the appellant on the earlier occasions while dismissing the appeal.

¶776

Mr. Rajiv Arora, ld. Counsel who has filed the caveat is also present and he had annexed the document showing the conduct of the appellant, Sh. Amresh Anand earlier also when his application was rejected for want of prosecution by Hon’ble Justice Manoj Kumar Gupta, Allahabd High Court in an another case. He had also enclosed the whatsapp chat wherein he had informed regularly Sh. Amresh Anand about the proceedings of the case. He has stated before this

¶777

tribunal that the address of the appellant given in the appeal along with the address given in the affidavit of the present application is wrong. The office of Zapdor Engineering Pvt. Ltd. is not in existence at the mentioned address. Even in the website of the Ministry of Corporate Affairs, the address has been shown as M/s. Zapdor Engineering, 602, 6^th Floor, Rishabh Complex, Karkardoma, Delhi110092 where the appellant is not in existence since 2017.

¶778

In the above circumstances, the presence of the appellant Sh. Amresh Anand is required. Counsel appearing for the applicant is directed to furnish the email id of Sh. Amresh Anand. Let he be summoned on 02.05.2025.

¶779

Atul Kumar Garg (Presiding Officer)

¶780

D-2/28/2024

¶781

M/s. Widmans Laboratory vs. APFC/RPFC Gurugram West.

¶782

Present: Ms. Neetu Mishra, Ld. Counsel for the Appellant. Sh. Chakradhar Panda, Ld. Counsel, for the Respondent.

¶783

Order Dated-24.04.2025

¶784

Ld. Counsel for the appellant filed his written submission. Copy furnished to the respondent. Put up on 14.05.2025 for final arguments.

¶785

Atul Kumar Garg (Presiding Officer)

¶786

D-2/07/2020 M/s H.K. Corporation vs. RPFC, Faridabad.

¶787

Present: Sh. S.K. Gupta, ld. counsel, for the Appellant. Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶788

Order Dated-24.04.2025

¶789

Final arguments in the matter heard in part. Ld. Counsel for the respondent is directed to submit copies of the Audited balance sheet which were submitted with the authorities for establishing the mitigating circumstances as stated by the appellant. Put up on 22.05.2025 for further arguments.

¶790

Atul Kumar Garg (Presiding Officer)

¶791

D-2/23/2022

¶792

M/s Polyplastic Automotive India Pvt. Ltd. vs. APFC/RPFC Gurugram.

¶793

Present: None for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶794

Order Dated-24.04.2025

¶795

Atul Kumar Garg (Presiding Officer)

¶796

D-2/07/2023 M/s. Sandhar Han Sung Technologies Pvt. Ltd. vs. APFC/RPFC Gurugram West.

¶797

Present: Sh. Vinod Kumar, Proxy for the Appellant. Sh. S.N. Mahanta, Ld. Counsel & Sh. Pradeep Batra, A/R for the Respondent.

¶798

Order Dated-24.04.2025

¶799

Written arguments are filed on behalf of the respondent. Put up on 26.05.2025 for final arguments.

¶800

Atul Kumar Garg (Presiding Officer)

¶801

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI

¶802

D-2/01/2025 M/s Chennai MSW Pvt. Ltd. vs. RPFC/ APFC Noida

¶803

Present: Sh. Ravi Ranjan Mishra, Sh. Siddharth Sapra, Ms. Nidhi Mishra, & Ms. Puja Das, Counsels for the Appellant.

¶804

Ms. Santwana Agarwal, Ld. Counsel for the Respondent.

¶805

Order Dated-25.04.2025

¶806

Ld. Counsel for the appellant has moved an interim application for defreezing the account no 915020049664536 on which the Axis Bank had created lien/freezed the account in pursuance of the communication dated 28.01.2025 to the Branch Manager, Axis Bank Ltd., B 21 & 22, Sector-16, Noida Gautam Buddha Nagar, U.P.-201301 . He has prayed that Bank has received the order u/s 8F of the EPF & MP Act, 1952 passed by the respondent on 24.02.2025. Earlier this tribunal has restrained the respondent from taking any coercive measure for recovery of the amount on 06.02.2025. Even subsequently, the stay was in operation.

¶807

The copy of the application moved today has been supplied to the respondent counsel during the course of hearing. Respondent counsel was asked to verify from the department. She has submitted that actually order was issued through email & speed Post on 28.01.2025 and 29.01.2025 respectively by the respondent department to the Bank much prior to the passing of the first order by this tribunal. She submits that the officer has been following the order, he had served the copy of the order passed u/s 8F of the Act to the bank by hand on 24.02.2025. Subsequently, on 21.03.2025 respondent department has written the Bank not to take further action. On 06.03.2025 Bank has freezed the above mentioned account. Bank has given the information to the respondent for marking of the lien on 06.03.2025 itself.

¶808

In substance, her plea is only that the train had already been started much prior to the order passed by this tribunal. However, she does not dispute with the order of stay has been passed by this tribunal on 06.02.2025 and the department was well aware about the order. She had stated that department is at fault by not informing the Enforcement Officer who had served the order

¶809

on 24.02.2025 to the Bank for marking lien. It amounts to total disregard of the order passed by this tribunal as red signal had been given to halt the train. However, he has not stopped the train. It amounts to disobedience of this tribunal’s order. In these circumstances, the Branch Manager, Axis Bank Ltd., B 21 & 22, Sector-16, Noida Gautam Buddha Nagar, U.P.-201301b is directed to lift the lien on the current Bank Account no. 915020049664536 with immediate effect. Office is directed to send the copy of this order to the said Bank through email. A copy be also given dasti to ld. counsel for the appellant for serving to the Bank.

¶810

Further, Sh. Ramakant Yadav, Enforcement Officer is directed to appear before this tribunal on the next date of hearing and explain the reason for disobeying the orders of this tribunal. Respondent department is also directed to explain the action taken on the letter dated 10.04.2025 submitted by the appellant establishment to the respondent authority requesting to withdraw directions issued to the Bank vide order dated 28.01.2025 passed u/s 8F of the Act. Put up on 15.05.2025. In the meanwhile, interim orders, to continue till next date of hearing.

¶811

Atul Kumar Garg (Presiding Officer)

¶812

D-2/27/2019 M/s Hi-Trac Manpower Services Pvt. Ltd. Vs. RPFC Gurugram.

¶813

Present: Sh. K, Ld. counsel for the Appellant. Sh. Pradeep Batra, A/R for the Respondent.

¶814

Order dated-28.04.2025

¶815

As Ld. counsel for the respondent is not present, put the matter on

¶816

22.05.2025 for final arguments.

¶817

Atul Kumar Garg (Presiding Officer)

¶818

D-2/01/2022 M/s Tenneco Automotive India Pvt. Ltd. vs. RPFC, Gurugram.

¶819

Present: Sh. Rajiv Arora, Ld. Counsel for the Appellant.

¶820

Sh. Pradeep Batra, A/R for the Respondent.

¶821

Order Dated-28.04.2025

¶822

Part arguments on behalf of the appellant heard. Now list the case on 02.05.2025 for further arguments.

¶823

Atul Kumar Garg (Presiding Officer)

¶824

D-2/23/2021

¶825

M/s N1 Media Consultancy (P) Ltd. vs. APFC/RPFC Noida.

¶826

Present: Sh. K.K. Pandey, ld. Counsel for the Appellant.

¶827

Sh. K.K. Dey, ld. Counsel for the Respondent.

¶828

Order Dated-29.04.2025

¶829

Ld. Counsel for the respondent prays for an adjournment as he has to rush for attending another matter listed before Delhi High Court. Put up on 08.07.2025 for final arguments.

¶830

Atul Kumar Garg (Presiding Officer)

¶831

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI

¶832

D-2/39/2022 M/s Sudhir Power Limited vs. RPFC/APFC Gurugram-2

¶833

Present: None for the Appellant.

¶834

Sh. B.B. Pradhan, Ld. Counsel & Sh. Pardeep Batra, A/R for the Respondent.

¶835

Order dated-29.04.2025

¶836

Today, the case is fixed for final arguments, however, office of the tribunal has placed an application filed through email seeking adjournment on behalf of the ld. counsel for the appellant, Sh. Umesh Gulati stating that he is unable to reach the tribunal since he is not feeling well as his blood pressure is on the higher side and the Doctor has advised him not to drive and travel.

¶837

Perusal of the case file shows that earlier also, the ld. counsel for the appellant has sought adjournments on several occasions citing one pretext or another. Accordingly, it is directed to list the case on 01.05.2025 for final arguments. It is further made clear that no adjournment shall be allowed to either of the parties on the next date fixed. Send the copy of this order to ld. counsel for the appellant through email.

¶838

Atul Kumar Garg (Presiding Officer)

¶839

D-2/03/2023 M/s Umang Appliances & Equipments (P) Ltd. vs. APFC, Noida.

¶840

Present: Sh. Mahender, for the Appellant.

¶841

Sh. Kaushik Kumar Dey, Ld. Counsel for the Respondent.

¶842

Order dated-29.04.2025

¶843

Ld. Counsel for the respondent prays for an adjournment as he has to rush for attending another matter listed before Delhi High Court. Put up on 20.05.2025 for final arguments.

¶844

Atul Kumar Garg (Presiding Officer)

¶845

D-2/02/2025 M/s. Qspear Consultancy vs. APFC/RPFC, Noida.

¶846

Present: None for the Appellant.

¶847

Ms. Santwana Agarwal, Ld. Counsel for the Respondent.

¶848

Order Dated-30.04.2025

¶849

Reply has filed on behalf of the respondent. As none is present on behalf of the appellant, office is directed to inform the next date of hearing to ld. counsel for the appellant. Put up on 27.05.2025.

¶850

Atul Kumar Garg (Presiding Officer)

¶851

D-2/09/2020 & 1001(16)2016 M/s Vitalife Lab. vs. APFC/RPFC, Gurgaon.

¶852

Present: None for the Appellant.

¶853

Sh. B.B. Pradhan, Ld. counsel & Sh. Pradeep Batra, A/R for the Respondent.

¶854

Order Dated-30.04.2025

¶855

Put up the matter on 05.06.2025 for further consideration.

¶856

Atul Kumar Garg (Presiding Officer)

¶857

D-2/25/2024

¶858

M/s. Seasons Textiles vs. APFC, Noida.

¶859

Present: None for the Appellant.

¶860

Ms. Santwana Agarwal, Ld. Counsel for the Respondent.

¶861

Order Dated-30.04.2025

¶862

Case called up several times, none appeared on behalf of the appellant. Ld. Counsel for the respondent is present throughout the calls. Accordingly, the matter is dismissed in default due to non-prosecution on behalf of the appellant. Record be consigned to the record room.

¶863

Atul Kumar Garg (Presiding Officer)

¶864

D-2/44/2024 M/s JPM Automobiles Ltd. vs. APFC/RPFC Gurugram West.

¶865

Present: Sh. S.K. Khanna, Ld. counsel for the Appellant.

¶866

Sh. Narender Kumar, Ld. counsel & Sh. Pradeep Batra, A/R for

¶867

the Respondent.

¶868

Order Dated-30.04.2025

¶869

Atul Kumar Garg (Presiding Officer)

¶870

D-2/43/2024 M/s General Security & Information Services Pvt. Ltd. vs. APFC/RPFC Faridabad.

¶871

Present: None for the Appellant.

¶872

Sh. Sanjeev Mishra, for the Respondent.

¶873

Order Dated-01.05.2025

¶874

Record reflect that appellant counsel was not present on the last date of hearing even on 15.04.2025 she was appeared about 12 p.m. already appeal was postponed for consideration on 17.04.2025.

¶875

Trial court has been retained by this tribunal. Appeal be dismissed on maintainability as well as other issued raised by the office. The matter is reserved for consideration of maintainability of this appeal.

¶876

Atul Kumar Garg (Presiding Officer)

¶877

D-2/39/2022 M/s Sudhir Power Ltd. Vs. RPFC, Gurugram.

¶878

Present: Sh. Umesh Gulati, Ld. Counsel, for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶879

Order dated-01.05.2025

¶880

Final arguments in the matter heard at length and concluded. The matter is reserved for pronouncement of order on the same.

¶881

Atul Kumar Garg (Presiding Officer)

¶882

D-2/10/2024

¶883

M/s National Institute of Open Schooling vs. RPFC Noida.

¶884

Present: Sh. B.K. Singh Ld. Counsel, for the Appellant.

¶885

Ms. Santwana Agarwal, Sh. Shrawan Mishra & Sh. Deepak

¶886

Mishra, for the Respondent.

¶887

Order Dated-01.05.2025

¶888

Final arguments in the matter heard in part. Put up on 23.05.2025 for further arguments.

¶889

Atul Kumar Garg (Presiding Officer)

¶890

D-2/06/2020

¶891

M/s Zapdor Engineering Pvt. Ltd. vs. APFC/RPFC, Noida.

¶892

Present: Sh. Rajiv Arora, ld. counsel, for the Appellant. Sh. Kaushik Kumar Dey, Ld. Counsel, & Sh. Deepak Meena A/R for the Respondent.

¶893

Order Dated-02.05.2025

¶894

Atul Kumar Garg (Presiding Officer)

¶895

D-2/23/2020 M/s Antony Road Transport Solutions Pvt. Ltd. vs. RPFC, Noida.

¶896

Present: Sh. S.K. Gupta, Ld. counsel for the Appellant. Sh. B.B. Pradhan, Ld. counsel for the Respondent (Vakalatnama filed).

¶897

Order dated-02.05.2025

¶898

Final arguments on behalf of the appellant heard and completed. Ld. counsel for the respondent seeks some time to rebut the arguments made today on behalf of the appellant. Written arguments filed on behalf of the appellant are taken on record. Put up on 14.05.2025 for further arguments on behalf of the respondent.

¶899

Atul Kumar Garg (Presiding Officer)

¶900

D-2/01/2022

¶901

M/s Tenneco Automotive India Pvt. Ltd. vs. RPFC, Gurugram.

¶902

Present: Sh. Rajiv Arora, Ld. counsel for the Appellant.

¶903

Sh. B.B. Pradhan, Ld. counsel & Sh. Pradeep Batra, A/R for the Respondent.

¶904

Order Dated-02.05.2025

¶905

Respondent wants to file his written submissions only. Advance copy is to be furnished by him to ld. counsel for the appellant. Accordingly, list the matter on 27.05.2025 for further arguments.

¶906

Atul Kumar Garg (Presiding Officer)

¶907

D-2/04/2025 M/s Bimalraj Outsourcing Pvt. Ltd. vs. RPFC, Gurugram West.

¶908

Present: Sh. J.R. Sharma, Ld. Counsel for the Appellant.

¶909

Sh. Satpal Singh, Ld. Counsel for the Respondent.

¶910

Order Dated-13.05.2025

¶911

Ld. Counsel for the respondent has filed reply to the stay application. He has also filed another application under Rule 21 read with section 7-I to 7-L of the EPF & MP Act, 1952 for dismissal of the present appeal against 7Q order dated 18.02.2025 passed by the respondent. Copy of the reply to stay application as well as the application moved today on behalf of the respondent is handed over to ld. Counsel for the appellant.

¶912

Ld. Counsel for the appellant wants some time to file reply to the application moved today seeking dismissal of the appeal. In the interest of justice, time is granted. Put up on 05.06.2025 for consideration of the misc. application filed for seeking stay as well as the application moved today. In the meanwhile, interim order, if any, to continue till next date of hearing.

¶913

Atul Kumar Garg (Presiding Officer)

¶914

D-2/18/2020 M/s Bata India Limited vs. RPFC, Faridabad.

¶915

Present: Sh. Anil Bhatt, Ld. Counsel for the Appellant.

¶916

Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶917

Order dated-13.05.2025

¶918

Final arguments in the matter heard in part. Ld. Counsel for the respondent seeks an adjournment stating that he has sought some clarification from the respondent department which are still awaited. Accordingly, the case is adjourned in the interest of justice. Put up on 04.06.2025 for further arguments.

¶919

Atul Kumar Garg (Presiding Officer)

¶920

D-2/07/2021. M/s International Hospital Ltd. vs. RPFC Noida.

¶921

Present: Sh. Anil Bhatt, Ld. Counsel for the Appellant.

¶922

Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶923

Order Dated-13.05.2025

¶924

The case is adjourned on the request of ld. Counsel for the appellant. Put up on 04.06.2025 for final arguments.

¶925

Atul Kumar Garg (Presiding Officer)

¶926

D-2/36/2022

¶927

M/s IPSAA Holding Pvt. Ltd. vs. RPFC Gurgaon East.

¶928

Present: Sh. M.K. Pandey, Ld. Counsel for the Appellant.

¶929

Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶930

Order Dated-13.05.2025

¶931

Ld. Counsel for the appellant seeks an adjournment stating that he is unable to locate his case file due to shifting of his office. In the interest of justice, adjournment is granted. Put up on 15.07.2025 for final arguments.

¶932

Atul Kumar Garg (Presiding Officer)

¶933

D-2/09/2023

¶934

M/s Oravel Stays Limited vs. RPFC, Gurugram.

¶935

Present: Sh. Anil Bhatt, Ld. Counsel for the Appellant.

¶936

Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶937

Order Dated-13.05.2025

¶938

The case is adjourned on the request of ld. Counsel for the appellant. Put up on 04.06.2025 for final arguments.

¶939

Atul Kumar Garg (Presiding Officer)

¶940

D-2/01/2024 M/s Teleperformance Global Services Pvt. Ltd. vs. RPFC, Gurugram East.

¶941

Present: Sh. Sooraj, proxy Counsel for the Appellant.

¶942

Sh. Chakradhar Panda, Ld. Counsel, for the Respondent.

¶943

Order Dated-13.05.2025

¶944

Today the case is listed for filing reply to the appeal by and on behalf of the respondent. Ld. Counsel for the respondent seeks more time to file the reply. In the interest of justice, time is granted. Put up on 15.07.2025 for filing of reply to the main appeal by the respondent.

¶945

Atul Kumar Garg (Presiding Officer)

¶946

D-2/02/2024 M/s Cadence Design Systems (India) Pvt. Ltd. vs. RPFC-I, Noida.

¶947

Present: Sh. S.K. Khanna, Ld. Counsel for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent (Vakalatnama filed).

¶948

Order dated-13.05.2025

¶949

Ld. Counsel for the respondent stated that he is newly engaged counsel in this matter. He further requests for an adjournment as he needs some time to go through the case file. In the interest of justice, time of granted. Put up on 16.07.2025 for final arguments.

¶950

Atul Kumar Garg (Presiding Officer)

¶951

D-2/03/2024 M/s Cadence Design Systems (India) Pvt. Ltd. vs. RPFC-I, Noida.

¶952

Present: Sh. S.K. Khanna, Ld. Counsel for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent (Vakalatnama filed).

¶953

Order dated-13.05.2025

¶954

¶955

Atul Kumar Garg (Presiding Officer)

¶956

BEFORE CENTRAL GOVERNMENTINDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI;

¶957

Appeal No. D-2/23/2020

¶958

M/s. Antony Road Transport Solutions Pvt. Ltd. Appellant

¶959

Through:- Sh, Raj Kumar, A/R for the appellant

¶960

Vs.

¶961

APFC/RPFC, Noida Respondent

¶962

Through:- Sh. B. B. Pradhan, ld. counsel for the respondent

¶963

Order Dated:-14.05.2025

¶964

¶965

Final arguments on the part of appellant stands already concluded. Ld. counsel for the respondent is also directed to file written notes of arguments not more than two pages on or before next date of hearing after supplying advance copy to ld. counsel for the appellant. Put up on 05.06.2025 for oral arguments by ld. counsel for respondent.

¶966

(Atul Kumar Garg)

¶967

Presiding Officer

¶968

BEFORE CENTRAL GOVERNMENTINDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI;

¶969

Appeal No. D-2/04/2024

¶970

M/s. E Meditek Insurance Ltd.

¶971

Appellant

¶972

Through:- Sh, Amit Bansal, proxy counsel (For Sh. Rajiv Shukla), ld. counsel for the appellant

Vs.

APFC/RPFC, Gurugram

Respondent

Through:- Sh. S.N. Mahanta, ld. counsel & Ms. Rachna Bajaj, A/R for the respondent

¶977

Order Dated:-14.05.2025

¶978

The proxy counsel appearing for the appellant requested for an adjournment stating that the arguing counsel, Sh. Rajiv Shukla is unable to attend the hearing today as he is arguing a matter before Delhi High Court. In the interest of justice, prayer to grant adjournment is allowed. Put up on 21.07.2025 for final arguments.

¶979

(Atul Kumar Garg)

¶980

Presiding Officer

¶981

BEFORE CENTRAL GOVERNMENTINDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI;

¶982

Appeal No. D-2/13/2024

¶983

M/s. I.I. Inspection & Export Pvt. Ltd.

¶984

Appellant

¶985

Through:- Sh, Raj Kumar, A/R for the appellant

¶986

Vs.

¶987

APFC/RPFC, Gurugram East Respondent

¶988

Through:- Sh. Chakradhar Panda, ld. counsel for the respondent

¶989

Order Dated:-14.05.2025

¶990

The A/R appearing for the appellant requested for an adjournment stating that the arguing counsel, Sh. S.K. Gupta is unable to attend the hearing today as he is arguing a matter before CGIT Lucknow camp court at Dehradun. In the interest of justice, prayer to grant adjournment is allowed. Put up on 23.07.2025 for final arguments.

¶991

(Atul Kumar Garg)

¶992

Presiding Officer

¶993

BEFORE CENTRAL GOVERNMENTINDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI;

¶994

Appeal No. D-2/14/2024

¶995

M/s. Knit Craft Apparels International Pvt. Ltd.

¶996

Appellant

¶997

Through:- Sh, Raj Kumar, A/R for the appellant

¶998

Vs.

¶999

APFC/RPFC, Gurugram East Respondent

¶1000

Through:- Sh. S.N. Mahanta, ld. counsel for the respondent

¶1001

Order Dated:-14.05.2025

(Atul Kumar Garg)

Presiding Officer

BEFORE CENTRAL GOVERNMENTINDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI;

¶1006

Appeal No. D-2/20/2024

¶1007

M/s. Pine Tree Hospitality

¶1008

Appellant

¶1009

Through:- Ms. Neetu Mishra, ld. counsel for the appellant

¶1010

Vs.

¶1011

APFC/RPFC, Gurugram West Respondent

¶1012

Through:- Sh. Chakradhar Panda, ld. counsel for the respondent

¶1013

Order Dated:-14.05.2025

¶1014

On the last date of hearing, a cost of Rs. 5000/- was imposed upon the ld. counsel for appellant, however, no cost is deposited by the appellant. Ld. counsel for the appellant requested to waive the cost as well as prayed for more time to file her written notes of arguments. Ld. counsel for the respondent has filed his written notes of arguments after supplying a copy to ld. counsel for appellant. Written arguments filed on behalf of the respondent are taken on record.

¶1015

Put up on 23.05.2025 for filing of written notes of arguments in not more than two pages by the ld. counsel for appellant as well as consideration of the prayer for waiver of cost imposed upon the appellant.

¶1016

(Atul Kumar Garg)

¶1017

Presiding Officer

¶1018

BEFORE CENTRAL GOVERNMENTINDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI;

¶1019

Appeal No. D-2/28/2024

¶1020

M/s. Widmans Laboratory

¶1021

Appellant

¶1022

Through:- Ms. Neetu Mishra, ld. counsel for the appellant

¶1023

Vs.

¶1024

APFC/RPFC, Gurugram West Respondent

¶1025

Through:- Sh. Chakradhar Panda, ld. counsel for the respondent

¶1026

Order Dated:-14.05.2025

¶1027

Final arguments in the matter heard and concluded. Ld. counsel for the respondent has filed his written notes of arguments after supplying a copy to ld. counsel for appellant. Written arguments filed on behalf of the respondent are taken on record. The matter is reserved for pronouncement of order.

(Atul Kumar Garg)

Presiding Officer

D-2/38/2024

M/s Zabi Enterprises vs. RPFC/ APFC Gurugram East

¶1032

Present: Sh. Prakash Kumar, Ld. Counsel for the Appellant.

¶1033

Sh. S.N. Mahanta, for the Respondent.

¶1034

Order Dated-15.05.2025

¶1035

Ld. Counsel for the appellant submitted that he does not want to file a rejoinder. Pleadings in the matter are complete. Put up on 21.07.2025 for final arguments.

¶1036

Atul Kumar Garg (Presiding Officer)

¶1037

D-2/17/2024 M/s BSC-C & C ‘JV’ vs. APFC/RPFC Gurgaon.

¶1038

Present: Sh. S.K. Khanna, Ld. Counsel for the Appellant. Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶1039

Order Dated-15.05.2025

¶1040

Counsel for both the parties are directed to file their written notes of arguments not exceeding more than two pages before the oral arguments. Put up on 10.07.2025 for filing of written notes of arguments.

¶1041

Atul Kumar Garg (Presiding Officer)

¶1042

D-2/19/2024

¶1043

M/s ATC Tower Company India Pvt. Ltd. vs. RPFC Gurugram East.

¶1044

Present: Sh. Vinod Kumar Saini, Proxy for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶1045

Order Dated-15.05.2025

¶1046

Written arguments filed on behalf of the appellant. Copy furnished to the respondent. Put up on 10.07.2025.

¶1047

Atul Kumar Garg (Presiding Officer)

¶1048

D-2/24/2024 M/s Balaji Associates vs. APFC Faridabad.

¶1049

Present: Sh. Yash, proxy for the Appellant. Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶1050

Order Dated-15.05.2025

¶1051

Proxy counsel appearing on behalf of the appellant request for an adjournment stating that the main counsel is out of station. Put up on 14.07.2025.

¶1052

Atul Kumar Garg (Presiding Officer)

¶1053

D-2/36/2024 M/s Rathi Steel & Power Ltd. vs. APFC Meerut.

¶1054

Present: Sh. Kumar Vikram, Ld. Counsel for the Appellant.

¶1055

Sh. Kanhaiya Singhal, Ld. Counsel for the Respondent.

¶1056

Order Dated-15.05.2025

¶1057

Ld. Counsel for the appellant was directed to file additional documents along with signatures and certificate u/s 63 of Bhartiya Sakhshay Adhiniyam. Accordingly, the appellant has filed an application along with the balance sheet of the appellant praying to consider the same. Copy of the same stands supplied to ld. Counsel for the respondent. The documents filed today by the ld. Counsel for the appellant are taken on record as the ld. Counsel undertakes to provide the certificate on and before the next date of hearing. Put up on 14.07.2025 for final arguments.

¶1058

Atul Kumar Garg (Presiding Officer)

¶1059

D-2/16/2024

¶1060

M/s. Brij Laxmi Paper Products Pvt. Ltd. vs. RPFC Faridabad.

¶1061

Present: None for the Appellant. Sh. Narender Kumar, proxy for Sh. Sandeep Mishra, for the Respondent.

¶1062

Order Dated-16.05.2025

¶1063

As none of the regular counsel are present. Accordingly, put up on 21.07.2025 for final arguments.

¶1064

Atul Kumar Garg (Presiding Officer)

¶1065

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1066

808(14)2016 M/s Viraj Exports vs. APFC, Noida.

¶1067

Present: Sh. Rajiv Arora, Ld. Counsel for the Appellant.

¶1068

Sh. Narender Kumar, Ld. Counsel for the Respondent.

¶1069

Order dated-19.05.2025

¶1070

Due to paucity of time, the matter is listed for 25.07.2025 for final arguments.

¶1071

Atul Kumar Garg (Presiding Officer)

¶1072

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1073

D-2/32/2019 M/s Viraj Exports vs. APFC, Noida.

¶1074

Present: Sh. Rajiv Arora, Ld. Counsel for the Appellant.

¶1075

Sh. Narender Kumar, Ld. Counsel for the Respondent.

¶1076

Order dated-19.05.2025

¶1077

Due to paucity of time, the matter is listed for 25.07.2025 for final arguments.

¶1078

Atul Kumar Garg (Presiding Officer)

¶1079

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1080

D-2/32/2024 M/s Akasva Infrastructure Pvt. Ltd. vs. RPFC, Gurugram.

¶1081

Present: Sh. S.K. Gupta, Ld. Counsel for the Appellant. Sh. Vaibhav Dayma & Sh. Lalit Kumar A/R for the

¶1082

Respondent.

¶1083

Order dated-19.05.2025

¶1084

The ld. Counsel for the respondent is not present. Put the matter on 22.07.2025 for final arguments.

¶1085

Atul Kumar Garg (Presiding Officer)

¶1086

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1087

D-2/33/2024 M/s Huawei Telecommunication (India) Co. Pvt. Ltd. vs. RPFC,

¶1088

Gurugram.

¶1089

Present: Sh. Ankit Gurav, proxy for the Appellant. Sh. B.B. Pradhan, ld. Counsel for the Respondent.

¶1090

Order dated-19.05.2025

¶1091

Ld. Counsel for the appellant stated that the matter is under adjudication before Hon’ble Delhi High Court, therefore, a date after the date of High court may be given. Put up on 11.08.2025.

¶1092

Atul Kumar Garg (Presiding Officer)

¶1093

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1094

D-2/34/2024.

¶1095

M/s Rangi International Pvt. Ltd. vs. RPFC Gurgaon.

¶1096

Present: Sh. Pankaj Malik, Ld. Counsel for the Appellant.

¶1097

Sh. Vaibhav Dayma, proxy & Sh. Ashok Kumar Meghwal, A/R the Respondent.

¶1098

Order Dated-19.05.2025

¶1099

The ld. Counsel for the respondent is not present. Put the matter on 23.07.2025 for final arguments.

¶1100

Atul Kumar Garg (Presiding Officer)

¶1101

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1102

D-2/22/2018 M/s Shivalik Prints vs. APFC/RPFC, Faridabad

¶1103

Present: Sh. J.R. Sharma & Sh. Bhupesh Sharma, ld. counsel for appellant Sh. Himanshu Rai, proxy counsel for Respondent.

¶1104

Order Dated-20.05.2025

¶1105

The proxy counsel appearing for the respondent requested for an adjournment stating that the main counsel Sh. B.B. Pradhan is busy in arguments before Delhi High Court. In the interest of justice, adjournment granted. Put up the matter on 22.07.2025 for final arguments.

¶1106

(Atul Kumar Garg) Presiding Officer

¶1107

Later :

¶1108

At 04:15 P.M. Sh. B. B. Pradhan appeared and noted the next date of hearing in the matter.

¶1109

(Atul Kumar Garg)

¶1110

Presiding Officer

¶1111

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1112

D-2/19/2021 M/s Ghatak Security Services vs. APFC/RPFC, Noida

¶1113

Present: Sh. Ravi Ranjan , ld. counsel for appellant

¶1114

Sh. Himanshu Rai, proxy counsel for Respondent.

¶1115

Order Dated-20.05.2025

¶1116

¶1117

(Atul Kumar Garg) Presiding Officer

¶1118

Later :

¶1119

At 04:15 P.M. Sh. B. B. Pradhan appeared and noted the next date of hearing in the matter.

¶1120

(Atul Kumar Garg)

¶1121

Presiding Officer

¶1122

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1123

D-2/05/2023 M/s Ghatak Security Services vs. APFC/RPFC, Noida

¶1124

Present: Sh. Ravi Ranjan , ld. counsel for appellant

¶1125

Sh. Himanshu Rai, proxy counsel for Respondent.

¶1126

Order Dated-20.05.2025

¶1127

¶1128

(Atul Kumar Garg) Presiding Officer

¶1129

Later :

¶1130

At 04:15 P.M. Sh. B. B. Pradhan appeared and noted the next date of hearing in the matter.

¶1131

(Atul Kumar Garg)

¶1132

Presiding Officer

¶1133

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1134

D-2/22/2022 M/s Jaypee Healthcare Ltd. vs. APFC/RPFC, Noida

¶1135

Present: Sh. Raj Kumar, proxy counsel for appellant

¶1136

Sh. Kaushik Kr. Dey, ld. counsel for Respondent.

¶1137

Order Dated-20.05.2025

¶1138

The proxy counsel appearing for the appellant requested for an adjournment stating that the main counsel Sh. S.K. Gupta is busy in arguments before Dwarka Court. In the interest of justice, adjournment granted. Put up the matter on 28.07.2025 for final arguments.

¶1139

(Atul Kumar Garg) Presiding Officer

¶1140

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1141

D-2/03/2023

¶1142

M/s Umang Appliances & Equipments Pvt. Ltd. vs. APFC/RPFC, Noida

¶1143

Present: Sh. Mahendra Singh Sharma, ld. counsel for appellant

¶1144

Sh. Kaushik Kr. Dey , ld. counsel for Respondent.

¶1145

Order Dated-20.05.2025

¶1146

Ld. Counsel for the respondent has filed his written notes of arguments. Ld. Counsel for the appellant also stated that oral arguments in the matter have already been completed and this matter be decided on the basis of oral arguments made on the previous date and the written notes of arguments. Accordingly, the matter is reserved for pronouncement of order.

¶1147

(Atul Kumar Garg) Presiding Officer

¶1148

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1149

D-2/07/2025

¶1150

M/s Ambience Hotel & Resorts Pvt. Ltd. Vs. APFC/RPFC, Gurugram East

¶1151

Present: Sh. Rajiv Shukla, ld. counsel for appellant Sh. S.N. Mahanta, ld. counsel (Vakalatnama filed) & Sh. Lalit Kumar, A/R for Respondent. Order Dated-21.05.2025

¶1152

This is a fresh appeal which is filed against the orders passed u/s 14 B & 7 Q of the EPF & MP Act, 1952 by respondent department whereby an amount of Rs.9,38,541/-- is assessed as damages and & Rs.6,07,906 /-is assessed as interest.

¶1153

As the appeal is filed within time, the same is admitted for hearing. Though, the appellant has not filed any separate application seeking stay on executing of the impugned orders, however, the same is prayed by way of interim prayers in the appeal itself.

¶1154

Ld. counsel for the respondent prayed that the stay be subjected to some condition and he seeks some time to file reply to the appeal as well as to the prayer for seeking stay. In the interest of justice, time granted. Put up the matter on 07.07.2025 for filing of reply by respondent and thereafter consideration of the prayer for granting stay. In the meanwhile, respondent is directed not to take coercive measures for recovery of the amount as mentioned in the impugned orders till next date of hearing.

¶1155

Atul Kumar Garg (Presiding Officer)

¶1156

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1157

D-2/10/2019

¶1158

M/s Lakhani Footwear Pvt. Ltd. Vs. APFC/RPFC, Faridabad

¶1159

Present: Sh. Rajiv Shukla, ld. counsel for appellant

¶1160

Sh. B.B. Pradhan for Respondent.

¶1161

Order Dated-21.05.2025

¶1162

Final arguments in the matter heard in part. Now put up the case on 28.07.2025 for remaining arguments.

¶1163

Atul Kumar Garg (Presiding Officer)

¶1164

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1165

D-2/11/2019

¶1166

M/s Lakhani Rubber Works Vs. APFC/RPFC, Faridabad

¶1167

Present: Sh. Rajiv Shukla, ld. counsel for appellant

¶1168

Sh. B.B. Pradhan for Respondent.

¶1169

Order Dated-21.05.2025

¶1170

Final arguments in the matter heard in part. Now put up the case on 28.07.2025 for remaining arguments.

¶1171

Atul Kumar Garg (Presiding Officer)

¶1172

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1173

D-2/18/2019

¶1174

M/s Lakhani Armaan Shoes Pvt. Ltd. Vs. APFC/RPFC, Faridabad

¶1175

Present: Sh. Rajiv Shukla, ld. counsel for appellant

¶1176

Sh. B.B. Pradhan for Respondent.

¶1177

Order Dated-21.05.2025

¶1178

Final arguments in the matter heard in part. Now put up the case on 28.07.2025 for remaining arguments.

¶1179

Atul Kumar Garg (Presiding Officer)

¶1180

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR

¶1181

COURT, DELHI;

¶1182

D-2/02/2023

¶1183

M/s Wear well India Pvt. Ltd. Vs. APFC/RPFC, Faridabad

¶1184

Present: Sh. S.K. Khanna, ld. counsel for appellant

¶1185

Sh. Hemant Kumar, A/R for Respondent.

¶1186

Order Dated-21.05.2025

¶1187

As the ld. counsel for the respondent is not present, put up the matter on 29.07.2025 for final arguments.

¶1188

Atul Kumar Garg (Presiding Officer)

¶1189

D-2/07/2023 M/s. Sandhar Han Sung Technologies Pvt. Ltd. vs. APFC/RPFC Gurugram West.

¶1190

Present: Sh. Mahender Singh, Proxy for the Appellant. Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶1191

Order Dated-26.05.2025

¶1192

Proxy counsel appearing for the appellant requested for an adjournment stating that the main counsel Sh. Toofan Singh is not able to attend the hearing today. Perusal of the record shows that since last two dates the main counsel is not appearing to represent the matter. Today also he is not present. Accordingly, it is directed the main counsel for appellant shall remain present on the next date of hearing. Put up the case on 28.05.2025.

¶1193

Atul Kumar Garg (Presiding Officer)

¶1194

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1195

D-2/27/2019

¶1196

M/s Hi-Trac Manpower Services Pvt. Ltd. Vs. APFC/RPFC, Gurugram

¶1197

Present: None for appellant

¶1198

Sh. B.B. Pradhan, ld. counsel for Respondent.

¶1199

Order Dated-22.05.2025

¶1200

Today the case is listed for final arguments, however, office has placed one email received in the official mail id of this tribunal sent by ld. Counsel for the appellant Sh. J.R. Sharma wherein he has requested for an adjournment as he has to attend lagan sagai ceremony of his cousin. In the interest of justice, adjournment is granted. Put up the case on 29.07.2025 for final arguments.

¶1201

Atul Kumar Garg (Presiding Officer)

¶1202

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1203

D-2/07/2020

¶1204

M/s H.K. Corporation Vs. APFC/RPFC, Faridabad

¶1205

Present: Sh. Raj Kumar, A/R for appellant

¶1206

None for the Respondent.

¶1207

Order Dated-22.05.2025

¶1208

As none of the regular counsels are present, put up the matter on 29.07.2025 for final arguments.

¶1209

Atul Kumar Garg (Presiding Officer)

¶1210

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1211

D-2/08/2025 M/s Fluor Projects Inc. vs. APFC/RPFC, Gurugram

¶1212

Present: Sh. M. Dias, Sh. Siddharth Dias & Sh. Mayank Dias, Counsel for the Appellant.

¶1213

Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶1214

Order dated-23.05.2025

¶1215

This is a fresh appeal filed on behalf of the appellant against the order dated 26.03.2025 passed by the respondent authority u/s 14B of the EPF & MP Act, 1952, wherein an amount of Rs.12,61,21,185/- as damages for the belated payment of dues.

¶1216

Ld. Counsel for the respondent seeks some time to study the case and argue after filing his reply on the admission of this appeal. He is allowed to file a reply on and before next date of hearing after supplying a copy of the same to the opposite party. Put up on 27.07.2025. In the meanwhile, respondent is directed not to take coercive measure for recovery of the amount as mentioned in the impugned order till next date of hearing.

¶1217

Atul Kumar Garg (Presiding Officer)

¶1218

D-2/10/2024 M/s National Institute of Open Schooling vs. RPFC Noida.

¶1219

Present: Sh. Sunil Kumar Srivastava & Sh. B.K. Singh. Ld. Counsel, for the Appellant.

¶1220

Sh. Shailender Arya, A/R the Respondent.

¶1221

Order Dated-23.05.2025

¶1222

The AR appearing on behalf of the respondent requested for an adjournment stating that ld. Counsel Ms. Santwana Agarwal is unable to attend appear today before Hon’ble Supreme court. In the interest of justice, adjournment is granted. List the matter on 24.07.2025 for final arguments.

¶1223

Atul Kumar Garg (Presiding Officer)

¶1224

D-2/20/2024 M/s Pine Tree Hospitality vs. RPFC Gurugram West

¶1225

Present: Proxy for the Appellant.

¶1226

Sh. Chakradhar Panda, Ld. Counsel for the respondent.

¶1227

Order dated-23.05.2025

¶1228

Today the case is listed for filing of written notes of arguments and thereafter, oral arguments. However, no written arguments are filed on behalf of the appellant and more time is prayed for the same. In the interest of justice, prayer to grant more time is allowed as a last chance. Put up on 28.05.2025 for filing of written notes of arguments in not more than two pages by the ld. counsel for the appellant.

¶1229

Atul Kumar Garg (Presiding Officer)

¶1230

D-2/07/2023 M/s. Sandhar Han Sung Technologies Pvt. Ltd. vs. APFC/RPFC Gurugram West.

¶1231

Present: Sh. Mahender Singh, Proxy for the Appellant. Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶1232

Order Dated-26.05.2025

¶1233

¶1234

Atul Kumar Garg (Presiding Officer)

¶1235

D-2/22/2024 M/s. Universal Manpower Services vs. APFC/RPFC Faridabad.

¶1236

Present: Sh. J.R Sharma & Sh. Bhupesh Sharma, Ld. Counsels for the Appellant.

¶1237

Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶1238

Order Dated-26.05.2025

¶1239

Final arguments in the matter heard in part. Put up the matter on 24.07.2025 for continuation of the arguments.

¶1240

Atul Kumar Garg (Presiding Officer)

¶1241

D-2/26/2024

¶1242

M/s. Navneet Enterprises vs. APFC/RPFC Faridabad.

¶1243

Present: Sh. R.D Sharma, Ld. Counsels for the Appellant. Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶1244

Order Dated-26.05.2025

¶1245

Final arguments in the matter heard and concluded. The matter is reserved for pronouncement of the order.

¶1246

Atul Kumar Garg (Presiding Officer)

¶1247

D-2/22/2024 M/s. Universal Manpower Services vs. APFC/RPFC Faridabad.

¶1248

Present: Sh. J.R Sharma & Sh. Bhupesh Sharma, Ld. Counsels for the Appellant.

¶1249

Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶1250

Order Dated-26.05.2025

¶1251

Final arguments in the matter heard in part. Put up the matter on 24.07.2025 for continuation of the arguments.

¶1252

Atul Kumar Garg (Presiding Officer)

¶1253

D-2/02/2025 M/s Qspear Consultancy vs. APFC/RPFC Noida

¶1254

Present: Sh. Ravi Ranjan, Ld. Counsel for the Appellant. Sh. Shailendra Arya, A/R for the respondent.

¶1255

Order dated-27.05.2025

¶1256

Today the case is listed for filing of rejoinder by Ld. Counsel for the appellant, however, it is stated on behalf of the appellant that they have not received the reply to this appeal filed on behalf of the respondent. Accordingly, copy of the reply is given to Ld. Counsel for the appellant from the office record. Now, put up the matter on 16.07.2025 for filing of rejoinder.

¶1257

Atul Kumar Garg (Presiding Officer)

¶1258

D-2/30/2019

¶1259

M/s Greater Noida Industrial Development Authority vs. APFC/RPFC Noida

¶1260

Present: Sh. Raj Kumar, A/R for the Appellant.

¶1261

Sh. Utkarsh Kumar Singh, A/R for the respondent.

¶1262

Order dated-27.05.2025

¶1263

Today the case is listed for final argument, however, Ld. Counsel for both the parties are not present and request for adjournment is moved on behalf of both the parties. Accordingly, in the interest of justice, adjournment granted. Put up the matter on 16.07.2025 for final arguments. Respondent is also directed to furnish the status of the case pertaining to Mathura Vrindavan Development Authority on the next date of hearing.

¶1264

Atul Kumar Garg (Presiding Officer)

¶1265

D-2/17/2020 M/s Egelhof Controls India Pvt. Ltd. vs. APFC/RPFC Noida

¶1266

Present: Sh. Anshul Goel, A/R for the Appellant. Sh. Ramakant Yadav, A/R for the respondent.

¶1267

Order dated-27.05.2025

¶1268

Today the case is listed for final argument, however, A/R appearing on behalf of the respondent requested for adjournment stating that his counsel is unable to attend the hearing today. Accordingly, in the interest of justice, adjournment granted. Put up the matter on 21.07.2025 for final arguments.

¶1269

Atul Kumar Garg (Presiding Officer)

¶1270

D-2/06/2025 M/s Origo Commodities India Pvt. Ltd. vs. APFC/RPFC Gurugram East & Others.

¶1271

Present: Sh. Prashant, ld. counsel for the Appellant.

¶1272

Sh. Naresh Kumar, Ld. Counsel for the Respondent.

¶1273

Order Dated-28.05.2025

¶1274

Ld. Counsel for the respondent seeks more time to file reply to the main appeal as well as to the interim prayer. In the interest of justice, prayer to grant more time is allowed. Put up the matter on 17.07.2025 for filing of reply & consideration on the prayer of stay thereafter. In the meanwhile, interim order to continue till next date of hearing.

¶1275

Atul Kumar Garg (Presiding Officer)

¶1276

Misc. application

¶1277

M/s Zapdoor Engineering vs. APFC Noida.

¶1278

Present: None for the Appellant.

¶1279

Sh. Kaushik Kumar Dey, Ld. Counsel & Sh. Deepak Meena, A/R for the Respondent.

¶1280

Order Dated-28.05.2025

¶1281

Ld. Counsel for the respondent seeks some time to file proper application. In the interest of justice, time is granted. Let it be fixed for filing of reply on 17.07.2025

¶1282

Atul Kumar Garg (Presiding Officer)

¶1283

D-2/20/2024

¶1284

M/s Pine Tree Hospitality vs. RPFC, Gurugram West.

¶1285

Present: Ms. Neetu Mishra, for the Appellant. Sh. Chakradhar Panda, Ld. Counsel, & Sh. Manjeet, A/R for the Respondent.

¶1286

Order Dated-28.05.2025

¶1287

Final arguments in the matter heard and concluded. The matter is reserved for pronouncement of order.

¶1288

Atul Kumar Garg (Presiding Officer)

¶1289

D-2/07/2023

¶1290

M/s Sandhar Han Sung Technologies Pvt. Ltd. vs. RPFC, Gurugram West.

¶1291

Present: Sh. Vinod Kumar Singh, for the Appellant. Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶1292

Order Dated-28.05.2025

¶1293

Final arguments in the matter heard and concluded. The matter is reserved for pronouncement of order.

¶1294

Atul Kumar Garg (Presiding Officer)

¶1295

D-2/01/2022

¶1296

M/s Tenneco Automotive India Pvt. Ltd. vs. APFC/RPFC, Gurugram

¶1297

Present: Sh. S.P Arora and Sh. Rajiv Arora, Ld. Counsels for the Appellant.

¶1298

Sh. Lalit Kumar, A/R for the Respondent.

¶1299

Order dated-27.05.2025

¶1300

The A/R appearing for the respondent requested for an adjournment stating that his main counsel Sh. B.B. Pradhan is unable to appear today due to personal difficulty. The request for adjournment is strongly objected by ld. Couynsel for the appellant, however, in the interest of justice, the matter is adjournment. Put up the matter on 02.06.2025 for final arguments.

¶1301

Atul Kumar Garg (Presiding Officer)

¶1302

D-2/01/2022

¶1303

M/s Tenneco Automotive India Pvt. Ltd. vs. APFC/RPFC, Gurugram

¶1304

Present: Sh. S.P Arora and Sh. Rajiv Arora, Ld. Counsels for the Appellant.

¶1305

Sh. B.B Pradhan, Ld. Counsel for the Respondent.

¶1306

Order: 02.06.2025

¶1307

Today, Ld. Counsel for the Respondent filed written notes of argument. Copy of the same has been supplied to the Ld. Counsel for the Appellant. Ld. Counsel for the Appellant objected on filing of the written notes of argument stating that he shall file a formal application for not taking the arguments filed today on record, if on studying the same, it is found that the Ld. Counsel for the Respondent has taken some contrary view to the submissions made in his counter reply or something additional which has not been submitted by way of reply is now taken in defense of the impugned order. Put up the case on 02.07.2025 for final argument.

¶1308

Atul Kumar Garg (Presiding Officer)

¶1309

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1310

D-2/18/2020 M/s Bata India Limited vs. RPFC, Faridabad.

¶1311

Present: Sh. Saurabh Munjal, Sh. Saarthak Tyagi, Sh. Ashish Ojha, counsels for the Appellant. Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶1312

Order dated-04.06.2025

¶1313

Written arguments on behalf of both the parties have been filed. On the request of both the counsel the matter is reserved for pronouncement of orders.

¶1314

Atul Kumar Garg (Presiding Officer)

¶1315

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1316

D-2/07/2021.

¶1317

M/s International Hospital Ltd. vs. RPFC Noida.

¶1318

Present: Sh. Saurabh Munjal, Sh. Saarthak Tyagi, Sh. Ashish Ojha, counsels for the Appellant.

¶1319

Sh. Chakradhar Panda, Ld. Counsel & Sh. Deepak Mishra, for the

¶1320

Respondent.

¶1321

Order Dated-04.06.2025

¶1322

The ld. Counsel for the appellant requested for an adjournment stating that sh. Anil Bhatt, the arguing counsel is unable to attend the hearing today. In the interest of justice adjournment is granted. List the matter on 23.07.2025 for final arguments.

¶1323

Atul Kumar Garg (Presiding Officer)

¶1324

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1325

D-2/09/2023 M/s Oravel Stays Limited vs. RPFC, Gurugram.

¶1326

Present: Sh. Saurabh Munjal, Sh. Saarthak Tyagi, Sh. Ashish Ojha, counsels for the Appellant.

¶1327

Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶1328

Order Dated-04.06.2025

¶1329

¶1330

Atul Kumar Garg (Presiding Officer)

¶1331

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1332

D-2/04/2025

¶1333

M/s Bimalraj Outsourcing Pvt. Ltd. Vs. APFC/RPFC, Gurugram West

¶1334

Present: Sh. J.R. Sharma & Sh. Bhoopesh Sharma, ld. counsel for appellant

¶1335

Sh. Satpal Singh, ld. counsel for the Respondent.

¶1336

Order Dated-05.06.2025

¶1337

Arguments on the misc. application filed by appellant for seeking stay on execution of the impugned order as well as misc. application moved by respondent under Rule 21 r/w Section 7 I to 7 L of the EPF & MP Act, 1952 for dismissal of the appeal against order passed u/s 7 Q of the EPF & MP Act, 1952 heard and concluded.

¶1338

The matter is reserved for pronouncement of order on the same. In the meanwhile, interim orders to continue.

¶1339

Atul Kumar Garg (Presiding Officer)

¶1340

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR

¶1341

COURT, DELHI;

¶1342

1001(16)2016

¶1343

M/s Vitalife Laboratories Vs. APFC/RPFC, Gurugram

¶1344

Present: None for appellant Sh. B.B. Pradhan, ld. counsel for the Respondent.

¶1345

Order Dated-05.06.2025

¶1346

Let the matter be listed on 15.07.2025 for consideration.

¶1347

Atul Kumar Garg (Presiding Officer)

¶1348

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR

¶1349

COURT, DELHI;

¶1350

D-2/09/2020

¶1351

M/s Vitalife Laboratories Vs. APFC/RPFC, Gurugram

¶1352

Present: None for appellant Sh. B.B. Pradhan, ld. counsel for the Respondent.

¶1353

Order Dated-05.06.2025

¶1354

Let the matter be listed on 15.07.2025 for consideration.

¶1355

Atul Kumar Garg (Presiding Officer)

¶1356

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1357

D-2/23/2020

¶1358

M/s Antony Road Transport Solutions Vs. APFC/RPFC, Noida Present: Sh. S.K. Gupta, ld. counsel for appellant

¶1359

Sh. B.B. Pradhan, ld. counsel for the Respondent.

¶1360

Order Dated-05.06.2025

¶1361

Today, five applications have been moved by Sh. Kapil Goel, ld. Counsel on behalf of workmen namely Sh. Subhashchandra, Sh. Chandrapal, Sh. Nagendra Kumar, Sh. Rajkumar and Sh. Bhanupratap under Order I Rule 10 r/w Section 151 & other enabling provisions of CPC to implead the applicants/ workmen as party in the array of respondents of present appeal.

¶1362

Ld. Counsel for appellant took a strong objection stating that this tribunal had earlier also dismissed such type of an application.

¶1363

In the present matter, pleadings are complete and part arguments have already been heard. Therefore, in such circumstances, consideration of such applications shall result into delay in adjudication of the matter. Moreover, the say of these workmen has already been considered by the trial court and the impugned order has been passed by the respondent authority. Therefore, all the applications filed today are dismissed being devoid of any merit. Moreover, the ld. Counsel for applicant, if desires, can always assist the ld. Counsel for respondent for ensuring the interest of the workmen.

¶1364

Further, the ld. Counsel for the respondent seeks adjournment stating that he needs some time to address the arguments as he is the newly engaged counsel in this matter. Accordingly, in the interest of justice, prayer to grant some time is allowed. Put up the matter on 24.07.2025 for final arguments.

¶1365

Atul Kumar Garg (Presiding Officer)

¶1366

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1367

D-1/27/2020

¶1368

M/s Ashiana Housing Ltd. Vs. APFC/RPFC, Delhi South

¶1369

Present: Sh. Rajiv Shukla & Sh. Sanjay Kumar, ld. counsel for appellant

¶1370

Sh. Sunil Ranjan, A/R for the Respondent.

¶1371

Order Dated-06.06.2025

¶1372

The A/R appearing for the respondent stated that his counsel is unable to appear today and therefore, requested for an adjournment. In the interest of justice, adjournment granted. Put up the matter on 07.07.2025 for final arguments.

¶1373

Atul Kumar Garg (Presiding Officer)

¶1374

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1375

D-1/08/2023

¶1376

M/s Ruchika Agencies Vs. APFC/RPFC, Delhi Central

¶1377

Present: Sh. Rajiv Shukla & Sh. Sanjay Kumar, ld. counsel for appellant

¶1378

None for the Respondent.

¶1379

Order Dated-06.06.2025

¶1380

As none is present for the respondent, put up the matter on 07.07.2025 for final arguments. Office is directed to inform the next date of hearing to the respondent RPFC through email.

¶1381

Atul Kumar Garg (Presiding Officer)

¶1382

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1383

D-1/13/2025

¶1384

M/s Takshila Public School Education Society Vs. APFC/RPFC, Delhi East

¶1385

Present: Sh. Prakash Kumar, ld. counsel for appellant

¶1386

Sh. Tejaswi Goel, ld. counsel & Sh. Surender Singh, A/R for the

¶1387

Respondent.

¶1388

Order Dated-06.06.2025

¶1389

Atul Kumar Garg (Presiding Officer)

¶1390

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR

¶1391

COURT, DELHI

¶1392

D-2/28/2024

¶1393

M/s. Widmans Laboratory vs. APFC/RPFC Gurugram West.

¶1394

Present: None for the Appellant. None for the Respondent.

¶1395

Order Dated-12.06.2025

¶1396

Final order in this matter is pronounced vide a separate order today.

¶1397

Atul Kumar Garg (Presiding Officer)

¶1398

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1399

D-2/09/2025 M/s. Anand Buildtech Pvt. Ltd. vs. APFC/RPFC Noida.

¶1400

Present: Sh. Ravi Ranjan, Ld. counsel for the Appellant. Sh. Avneesh Kumar Meena, A/R for the Respondent.

¶1401

Order Dated-17.06.2025

¶1402

This is a fresh appeal which is filed against the orders passed u/s 14B & 7Q of the EPF & MP Act, 1952 by respondent department whereby an amount of Rs.5,38,730/- assessed as damages and Rs.3,35,829 /- as interest. The appeal is filed well within the period of limitation, hence, admitted for hearing.

¶1403

Ld. Counsel for the respondent has sent an email requesting for an adjournment because he is presently in his native place at Odisha, so he is unable to attend the hearing today.

¶1404

Ld. Counsel for the appellant stated that he has received the correct notice on 04.02.2025 when he demanded the same from the respondent authority. Earlier according to the appellant counsel, defective notice pertaining to some SPS security services Indrapuram Ghaziabad had been supplied to him . He also submitted that the said defective notice is also uploaded on the website. This tribunal also verified from the E-proceeding portal and found submission of the appellant correct. There was no occasion to the appellant to represent against such defective notice till 04.02.2025.

¶1405

Ld. Counsel for the appellant also drew the attention of this tribunal to Annexure A-4 wherein it is mentioned that the authorized officer has issued a certificate bearing no. 87 dated 14.05.2025 to the recovery officer for the recovery of the above assessed amount and the recovery officer has also issued EPF Certificate of Proceeding- 1 i.e. notice of demand dated 23.05.2025 to the defaulter establishment directing him to deposit the dues assessed by the authorised officer.

¶1406

It is also pertinent to mention here that still the appellant’s time for filing of the appeal has not been exhausted, however, the authorized officer as well as the recovery officer has started the recovery proceedings in total disregard of the land of law. Let the authorized officer who issued the certificate dated 14.05.2025 as well as the recovery officer remain present on 19.06.2025 for explaining their conduct. In the meanwhile, respondent is directed not to take coercive action for recovery of the amount mentioned in the impugned orders till next date of hearing. Let the respondent also file his written reply/objection to the misc. application filed for seeking stay on the next date of hearing.

¶1407

Atul Kumar Garg (Presiding Officer)

¶1408

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1409

D-2/20/2024 M/s Pine Tree Hospitality. Vs. RPFC, Gurugram West.

¶1410

Present: None for the appellant.

¶1411

None for the respondent.

¶1412

Order dated-24.06.2025

¶1413

The appeal filed by the appellant stands allowed partly vide a separate order pronounced in open court today. Let a copy of the order is sent to both the parties through email and the same be uploaded on the website. Office is directed to consign the record to the record room.

¶1414

Atul Kumar Garg (Presiding Officer)

¶1415

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1416

D-2/09/2025 M/s. Anand Buildtech Pvt. Ltd. vs. APFC/RPFC Noida.

¶1417

Present: Sh. Ravi Ranjan, Ld. counsel for the Appellant. Sh. B.B. Pradhan, Ld. Counsel (Vakalatnama filed) & Sh. Avneesh Kumar Meena, A/R for the Respondent.

¶1418

Order Dated-02.07.2025

¶1419

Ld. Counsel for the respondent has filed the reply to misc. application seeking stay as well as to the main appeal. Copy of the same stands supplied to the ld. Counsel for the appellant.

¶1420

Today the case is listed for appearance of two officers from the respondent department, however, it is informed by the ld. Counsel for the respondent that the order dated 19.06.2025 passed by this tribunal has been challenged by the respondent department before Hon’ble Delhi High Court and to substantiate his averment he has filed one email communication made by Sh. Kaushik Kumar Dey, advocate to the office of the respondent informing the diary no. (4245838/2025).

¶1421

Ld. Counsel for the respondent admitted that a defective notice had been supplied to the appellant and requested to remand back the matter to the respondent authority for considering it afresh.

¶1422

Heard both the counsel. The matter is reserved for orders. In the meanwhile, interim orders to continue till next date of hearing.

¶1423

Atul Kumar Garg (Presiding Officer)

¶1424

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1425

D-2/01/2022 M/s Tenneco Automotive India Pvt. Ltd. vs. RPFC, Gurugram.

¶1426

Present: Sh. S.P. Arora, Sh. Rajiv Arora ld. Counsels and Sh. Manish Dembla, Ms. Vaishnavi for the Appellant.

¶1427

Sh. B.B. Pradhan, ld. Counsel & Sh. Lalit Kumar, A/R for the Respondent.

¶1428

Order Dated-02.07.2025

¶1429

Final arguments in the matter heard and concluded. The AR appearing on behalf of the respondent has produced trial court record which is found to be incomplete. He is directed to submit the complete and paginated trial court record within a week from today. Matter is reserved for pronouncement of order.

¶1430

Atul Kumar Garg (Presiding Officer)

¶1431

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI;

¶1432

D-2/07/2025

¶1433

M/s Ambience Hotel & Resorts Pvt. Ltd. Vs. APFC/RPFC, Gurugram East

¶1434

Present: Sh. Rajiv Shukla, ld. counsel for appellant

¶1435

Sh. S.N. Mahanta, ld. counsel & Sh. Lalit Kumar, A/R for Respondent.

¶1436

Order Dated-07.07.2025

¶1437

Ld. Counsel for the respondent seeks and is granted more time to file reply to the misc. application seeking stay incorporating all the facts regarding splitting of wages from the original case record pertaining to the enquiry conducted u/s 7A of the EPF & MP Act, 1952 . Put up on 29.07.2025. In the meanwhile, interim order to continue till next date of hearing.

¶1438

Atul Kumar Garg (Presiding Officer)

¶1439

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1440

D-2/23/2021

¶1441

M/s N1 Media Consultancy (P) Ltd. vs. APFC/RPFC Noida.

¶1442

Present: Sh. K.K. Pandey, ld. Counsel for the Appellant.

¶1443

Sh. Santosh Singh, A/R for the Respondent.

¶1444

Order Dated-08.07.2025

¶1445

Record perused. Ld. Counsel for the respondent was required to file written arguments, however, he has not filed the same today. The AR appearing on behalf of the respondent stated that the main counsel would come within five or ten minutes. He is at liberty to file written arguments. Put up on 30.07.2025 for filing of written arguments.

¶1446

Atul Kumar Garg (Presiding Officer)

¶1447

Later Sh. Kaushik Kumar Dey, ld. Counsel for the respondent, appeared and filed the written submission/arguments, after serving the same to ld. Counsel for the appellant.

¶1448

Atul Kumar Garg (Presiding Officer)

¶1449

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1450

Misc. Application appeal no. D-2/33/2019 M/s. SCT (P) Ltd. Vs. APFC Meerut

¶1451

Order Dated- 08.07.2025

¶1452

This file has been placed by the office stating that the matter has been reserved on 02.04.2024, however, since then more than one year has been passed, fresh arguments are required to be heard. Accordingly, the matter is relieved from the list of the matters reserved for orders. Put up the matter on 05.08.2025 for rehearing of the matter. Office is directed to inform the parties by way of notice through email.

¶1453

ATUL KUMAR GARG (PRESIDING OFFICER)

¶1454

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1455

679(14)2008

¶1456

PGT Component vs. APFC Noida

¶1457

Present: Sh. S.K. Gupta, Ld. Counsel for the appellant

¶1458

Ms. Santwana Agarwal, Ld. Counsel for the Respondent.

¶1459

Order Dated- 09.07.2025

¶1460

Ld. Counsel for both the parties informed that the SLP is still pending before Hon’ble Supreme Court and requested to list the matter after the outcome of the said SLP.

¶1461

In view of the above submission of the parties, this appeal is consigned the record room sine die. Parties are at liberty to revive the same if they wish

¶1462

ATUL KUMAR GARG (PRESIDING OFFICER)

¶1463

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1464

352(14)2008

¶1465

PGT Component Vs. APFC Noida

¶1466

Present: Sh. S.K. Gupta, Ld. Counsel for the appellant

¶1467

Ms. Santwana Agarwal, Ld. Counsel for the Respondent.

¶1468

Order Dated- 09.07.2025

¶1469

Ld. Counsel for both the parties informed that the SLP is still pending before Hon’ble Supreme Court and requested to list the matter after the outcome of the said SLP.

¶1470

In view of the above submission of the parties, this appeal is consigned the record room sine die. Parties are at liberty to revive the same if they wish.

¶1471

ATUL KUMAR GARG (PRESIDING OFFICER)

¶1472

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1473

D-2/44/2024 M/s JPM Automobiles Ltd. Vs. APFC/RPFC Gurugram West.

¶1474

Present: Sh. S.K. Khanna Ld. Counsel for the appellant

¶1475

Sh. Narender Kumar, Ld. Counsel for the Respondent.

¶1476

Order Dated- 09.07.2025

¶1477

Today the case is listed for filing of reply by the respondent as well as for reporting compliance of the order dated 30.04.2025 wherein the appellant was directed to deposit an amount of Rs.10,00,000/- by way of FDR favouring ‘Registrar CGIT’.

¶1478

Ld. Counsel for the respondent has filed the reply to this appeal after supplying a copy to the ld. Counsel for appellant the same is taken on record. Ld. Counsel for the appellant has also filed one FDR no. 000240600083102 dated 05.06.2025 amounting to Rs.10,00,000/favouring Registrar CGIT the same is also taken on record and is placed in the case file. As the condition laidown by this tribunal while disposing misc. application filed u/s 7O of the EPF & MP Act, 1952 stands complied, the respondent authority is directed not to take coercive measures for recovery of the impugned amount till finalization of this appeal. Put up the matter on 07.08.2025 for filing of rejoinder if any.

¶1479

ATUL KUMAR GARG (PRESIDING OFFICER)

¶1480

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1481

D-2/10/2020

¶1482

M/s Navigant Technologies Pvt. Ltd. Vs. APFC/RPFC Gurugram East.

¶1483

Present: Sh. S.K. Khanna Ld. Counsel for the appellant

¶1484

Sh. B.B. Pradhan, Ld. Counsel & Sh. Vinay Rana, A/R for the Respondent.

¶1485

Order Dated- 10.07.2025

¶1486

Final argument in the matter heard and conclude. The matter is reserved for order.

¶1487

ATUL KUMAR GARG (PRESIDING OFFICER)

¶1488

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM

¶1489

LABOUR COURT, DELHI

¶1490

D-2/25/2021.

¶1491

M/s Natwest Digital Services India Pvt. Ltd. vs. RPFC Gurugram.

¶1492

Present: Sh. Sanjay Ghose, Soumya Dasgupta, Mukesh Seju counsels & for the appellant.

¶1493

Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶1494

Order Dated-10.07.2025

¶1495

Arguments in the matter heard in part. List the matter on 12.09.2025 for further argument.

¶1496

Atul Kumar Garg (Presiding Officer)

¶1497

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1498

D-2/26/2021.

¶1499

M/s Convergys India Services Pvt. Ltd. vs. RPFC Gurugram.

¶1500

Present: Sh. S. K. Gupta, Sh. JB Panda, ld. Counsel for the appellant.

¶1501

Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶1502

Order Dated-10.07.2025

¶1503

Due to paucity of time, the matter is listed for 05.08.2025 for final arguments.

¶1504

Atul Kumar Garg (Presiding Officer)

¶1505

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1506

D-2/17/2024.

¶1507

M/s BSC-C & C ‘JV’ vs. RPFC Gurugram.

¶1508

Present: Sh. S. K. Khanna, ld. Counsel for the appellant.

¶1509

Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶1510

Order Dated-10.07.2025

¶1511

Due to paucity of time, the matter is listed for 07.08.2025 for final arguments.

¶1512

Atul Kumar Garg (Presiding Officer)

¶1513

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM

¶1514

LABOUR COURT, DELHI

¶1515

D-2/19/2024.

¶1516

M/s ATC Tower Company India Pvt. vs. RPFC Gurugram East.

¶1517

Present: Sh. Atal Kumar Sri, ld. Counsel for the appellant. Sh. B.B. Pradhan, Ld. Counsel & Sh. Vinay Rana, A/R for

¶1518

the Respondent.

¶1519

Order Dated-10.07.2025

¶1520

Due to paucity of time, the matter is listed for 07.08.2025 for final arguments.

¶1521

Atul Kumar Garg (Presiding Officer)

¶1522

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1523

D-2/27/2021.

¶1524

M/s DLF Golf Resorts LTD vs. RPFC Gurugram East.

¶1525

Present: Sh. Vinod Kumar, A/ R for the appellant.

¶1526

Sh. Narender Kumar, Ld. Counsel for the Respondent.

¶1527

Order Dated-14.07.2025

¶1528

The AR appearing on behalf of the appellant requested for an adjournment as the main counsel is not available today. In the interest of justice, adjournment is granted. Put up the case for tomorrow i.e. 15.07.2025.

¶1529

Atul Kumar Garg (Presiding Officer)

¶1530

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1531

D-2/25/2022.

¶1532

M/s Louis Berger Consulting Pvt. Ltd. vs. RPFC-II Gurugram East.

¶1533

Present: Sh. Rochit Abhishek, proxy for the appellant.

¶1534

Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶1535

Order Dated-14.07.2025

¶1536

The proxy counsel appearing on behalf of the appellant requested for an adjournment stating that the case is listed before Punjab and Haryana High Court. Put up the case on 08.10.2025 after hearing before the High Court.

¶1537

Atul Kumar Garg (Presiding Officer)

¶1538

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1539

D-2/24/2024. M/s Balaji Associates vs. APFC, Faridabad.

¶1540

Present: None for the appellant.

¶1541

None for the Respondent.

¶1542

Order Dated-14.07.2025

¶1543

This tribunal is in receipt of one email sent by Sh. S.K. Gupta, Ld. Counsel for the appellant requesting for an adjournment due to medical problem. In the interest of justice, adjournment is granted. Put up on 06.08.2025.

¶1544

Atul Kumar Garg (Presiding Officer)

¶1545

Later, Sh. S.N. Mahanta, ld. Counsel for the respondent appeared and noted the next date of hearing.

¶1546

Atul Kumar Garg (Presiding Officer)

¶1547

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1548

D-2/36/2024.

¶1549

M/s Rathi Steel & Power Ltd. vs. APFC, Meerut.

¶1550

Present: Sh. Kumar Vikram, for the appellant.

¶1551

Sh. Rahul Bhaskar Proxy for Sh. Kanhaiya Singhal, Ld.

¶1552

Counsel for the Respondent.

¶1553

Order Dated-14.07.2025

¶1554

Ld. Counsel for the appellant has filed an application along with copy of the balance sheets requesting to take the same on record and considered the same while arguments. Proxy counsel appearing on behalf of the respondent seeks time to file reply to the application moved today by the appellant. Accordingly, list the matter on 11.08.2025.

¶1555

Atul Kumar Garg (Presiding Officer)

¶1556

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1557

Diary no. 10/07-07-2025 M/s Home and Facility Management vs. APFC, Noida.

¶1558

Present: Sh. Kumar Vikram, for the appellant.

¶1559

Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶1560

Order Dated-15.07.2025

¶1561

Ld. Counsel for the appellant pressed his appeal which has been filed on 07.07.2025 against the revised notice dated 28.03.2025.

¶1562

Record perused. Office of this tribunal has made objection that no order u/s 14B of the EPF & MP Act, 1952 has been passed and the appeal is premature.

¶1563

In this respect appeal u/s 7-I of the Act is required to be reproduced herein:-

¶1564

7-I. Appeals to Tribunal.—(1) Any person aggrieved by a notification issued by the Central Government, or an order passed by the Central Government or any authority, under the proviso to sub-section (3), or sub-section (4), of section 1, or section 3, or sub-section (1) of section 7A, or section 7B

¶1565

[except an order rejecting an application for review referred to in sub-section (5) thereof], or section 7C, or section 14B, may prefer an appeal to a Tribunal against such notification or order.

¶1566

(2) Every appeal under sub-section (1) shall be filed in such form and manner, within such time and be accompanied by such fees, as may be prescribed.

¶1567

From perusal of the above section, it appears that an appeal can be filed against the order passed by the authority under any of the sections mentioned above. Since, admittedly no order has been passed u/s 14B and the matter is still pending for adjudication with the RFPC, appeal being premature, stands dismissed.

¶1568

It is also important to mention here that without giving formal notice, respondent counsel has appeared and brought the trial court record. In the proceeding conducted before the RPFC on 18.03.2025, nothing has been mentioned about dispatching the revised notice to the establishment and appearance of establishment. Though revise notice has been issued but no proceeding is carried out till today

¶1569

The explanation that the concerned officer Sh. Rajan Chhabra, has been transferred to Meerut is no excuse for not allocating the pending enquiry to any other officer. Even after receiving the advance copy of this appeal, department has not woken up. In these circumstances, department is directed to give specific date to the appellant to present his case in response to the revised notice and then pass the appropriate order. A copy of this order is sent to department for compliance.

¶1570

Sd/-

¶1571

Atul Kumar Garg (Presiding Officer)

¶1572

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1573

D-2/01/2024 M/s Teleperformance Global Services Pvt. Ltd. vs. RPFC, Gurugram East.

¶1574

Present: Mr. Sooraj, Proxy for the Appellant.

¶1575

Sh. Chakradhar Panda, Ld. Counsel, for the Respondent.

¶1576

Order Dated-15.07.2025

¶1577

Ld. Counsel for the respondent seeks more time to file reply to the main appeal. In the interest of justice, prayer to grant more time is allowed as a last chance. Put up the case on 19.08.2025 for filing of reply by the respondent.

¶1578

Atul Kumar Garg (Presiding Officer)

¶1579

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1580

1001(16)2016 & D-2/09/2020 M/s Vitalife Laboratories Vs. RPFC Gurgaon.

¶1581

Present: None for the Appellant.

¶1582

Sh. B.B. Pradhan, Ld. Counsel for the Respondent (In 1001(16)2016.

¶1583

Sh. S.N. Mahanta, Ld. Counsel for the respondent (In D- 2/09/2020).

¶1584

Order Dated-15.07.2025

¶1585

Put up the matter for consideration on 19.08.2025.

¶1586

Atul Kumar Garg (Presiding Officer)

¶1587

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1588

D-2/27/2021.

¶1589

M/s DLF Golf Resorts Ltd. vs. RPFC Gurugram East.

¶1590

Present: Sh.Puneet Saini & Sh. Kapil Hans, Ld. Counsels for the appellant.

¶1591

Sh. Narender Kumar, Ld. Counsel for the Respondent.

¶1592

Order Dated-15.07.2025

¶1593

Ld. Counsel for the appellant requested for an adjournment on account of Birthday of his son. Prayer to grant adjournment is allowed with a direction that no further arguments shall be given on the next date of hearing and the matter shall be heard positively. Put up on 25.07.2025.

¶1594

Atul Kumar Garg (Presiding Officer)

¶1595

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1596

D-2/31/2021.

¶1597

M/s A2Z Infra Services Ltd. vs. RPFC-1 Gurugram East.

¶1598

Present: Sh. J.R. Sharma, Ld. Counsel for the appellant. Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶1599

Order Dated-15.07.2025

¶1600

Ld. Counsel for the appellant is directed to file the record pertaining to the credit of amount in their account belatedly by highlighting the relevant entries. Put up on 19.08.2025 for production of record and final arguments thereafter.

¶1601

Atul Kumar Garg (Presiding Officer)

¶1602

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1603

D-2/09/2022.

¶1604

M/s Xcelserv Solution Pvt. Ltd. vs. RPFC Gurugram.

¶1605

Present: Sh. Raj Kumar, Proxy for the appellant.

¶1606

Sh. Narender kumar, Ld. Counsel & Sh. Lalit Kumar, A/R

¶1607

for the Respondent.

¶1608

Order Dated-15.07.2025

¶1609

The proxy counsel appearing on behalf of the appellant requested for an adjournment as the main counsel is not available today. In the interest of justice, adjournment is granted. Put up the case on 24.07.2025 for final arguments.

¶1610

Atul Kumar Garg (Presiding Officer)

¶1611

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1612

D-2/36/2022

¶1613

M/s IPSAA Holding Pvt. Ltd. vs. RPFC Gurgaon East.

¶1614

Present: Sh. M.K. Pandey, Ld. Counsel for the Appellant.

¶1615

Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶1616

Order Dated-15.07.2025

¶1617

Ld. Counsel for the appellant requested for an adjournment on account of his unpreparedness. In the interest of justice, adjournment is granted. Put up the case on 23.07.2025 for final arguments.

¶1618

Atul Kumar Garg (Presiding Officer)

¶1619

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1620

D-2/10/2025

¶1621

M/s FMI Automotive Components Pvt. Ltd. vs. RPFC/APFC Gurugram West.

¶1622

Present: Sh. Anil Bhatt & Sh. K.K. Pandey, Ld. Counsel for the appellant.

¶1623

Sh. Narender Kumar, Ld. Counsel for the Respondent.

¶1624

Order Dated-16.07.2025

¶1625

ORAL

¶1626

Appellant counsel has pressed his application for condonation of delay. He has stated that it was the fault of appellants counsel in filing the appeal belatedly. He submitted that his client has handed over the copy of the impugned order to the counsel of the appellant in the last week of April, 2025 with the request to file the appeal. However, due to the sudden seepage problem arose in the office of the counsel for the appellant, that it was even difficult to stand in the office. The counsel immediately made arrangement for the repairs but the problem continue to persists as a result thereof he has no option but to search for some other place where he can temporarily shift his office and in between lot of time has been lapsed. He submits that the delay of 59 days in filing the appeal be condoned.

¶1627

Respondent counsel has opposed the prayer stating that no reasonable explanation has been given by the appellant. He further stated that in his application for condonation of delay he has to explain the each and every day of delay along with reasons.

¶1628

I have heard the argument at bar and gone through the record of this case. Before proceeding further Rule 7(2) of the Tribunal (Procedure) Rules, 1997 is reproduced herein:-

¶1629

Rule 7(2) Fee, time for filing appeal, deposit of amount due on filing appeal. - (1)….

¶1630

(2) Any person aggrieved by a notification issued by the Central Government or an order passed by the Central Government or any other authority under the Act , may within 60 days from the date of issue of the notification/order prefer an appeal to the Tribunal:

¶1631

Provided that the Tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the prescribed period, extend the said period by a further period of 60 days :

¶1632

¶1633

Provided also that the Tribunal may for reasons to be recorded in writing, waive or reduce the amount to be deposited under section 7-O.

¶1634

No doubt there has been a delay in filing the appeal of 59 days. It is also the law that appellant has to explain the delay in filing the appeal. The council has taken the delay on himself stating that he has to shift his office and that his client has given the file to him for filing the appeal within the period of limitation.

¶1635

Considering the above facts on record, delay in filing the appeal is condoned. Application stands disposed of. Put up on 20.08.2025 for filing reply of the stay application as well as to the main appeal. In the meanwhile, interim order, to continue till next date of hearing.

¶1636

Atul Kumar Garg (Presiding Officer)

¶1637

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1638

D-2/10/2025 M/s Qspear Consultancy vs. APFC/RPFC Noida.

¶1639

Present: Sh. Sanjay Kumar, proxy counsel for the Appellant. Ms. Santwana Agarwal, Ld. Counsel for the Respondent.

¶1640

Order Dated-16.07.2025

¶1641

The proxy counsel appearing on behalf of the appellant seeks more time to file rejoinder. In the interest of justice, prayer to grant more time is allowed as a last chance. It is also made clear that if the rejoinder is not filed on the next date of hearing, right of the appellant to file rejoinder shall be closed. Put up on 21.08.2025 for filing of rejoinder.

¶1642

Atul Kumar Garg (Presiding Officer)

¶1643

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1644

D-2/30/2019

¶1645

M/s Greater Noida Industrial Development Authority vs. APFC/RPFC Noida

¶1646

Present: Sh. S.K. Gupta, Ld. Counsel for the Appellant.

¶1647

Ms. Santwana Agarwal, Ld. Counsel & Sh.Utkarsh Kumar, A/R for the respondent.

¶1648

Order dated-16.07.2025

¶1649

Ld. Counsel for the respondent seeks an adjournment to file the status of the proceedings conducted in respect of Mathura Vrindawan Development Authority. In the interest of justice, adjournment is granted. Put up on 21.08.2025 for final arguments.

¶1650

Atul Kumar Garg (Presiding Officer)

¶1651

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1652

D-2/14/2018 M/s UPSRTC, Noida Region vs. RPFC, Noida.

¶1653

Present: Sh. Shadab Khan, for the Appellant.

¶1654

Ms. Santwana Aggarwal, Ld. Counsel for the Respondent.

¶1655

Order dated-16.07.2025

¶1656

Both the parties have filed the written submission which is found on record. Put up on 25.08.2025 for consideration.

¶1657

Atul Kumar Garg (Presiding Officer)

¶1658

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1659

D-2/06/2021 M/s UPSRTC, Noida Region vs. RPFC, Noida.

¶1660

Present: Sh. Shadab Khan, for the Appellant.

¶1661

Ms. Santwana Aggarwal, Ld. Counsel for the Respondent.

¶1662

Order dated-16.07.2025

¶1663

Both the parties have filed the written submission which is found on record. Put up on 25.08.2025 for consideration.

¶1664

Atul Kumar Garg (Presiding Officer)

¶1665

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1666

D-2/02/2024 M/s Cadence Design Systems (India) Pvt. Ltd. vs. RPFC-I, Noida.

¶1667

Present: None for the Appellant. Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶1668

Order dated-16.07.2025

¶1669

Ld. Counsel for the appellant has sent a request for adjournment through email. In the interest of justice, adjournment is granted. Put up on 21.08.2025.

¶1670

Atul Kumar Garg (Presiding Officer)

¶1671

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1672

D-2/03/2024 M/s Cadence Design Systems (India) Pvt. Ltd. vs. RPFC-I, Noida.

¶1673

Present: None for the Appellant.

¶1674

Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶1675

Order dated-16.07.2025

¶1676

Ld. Counsel for the appellant has sent a request for adjournment through email. In the interest of justice, adjournment is granted. Put up on 21.08.2025.

¶1677

Atul Kumar Garg (Presiding Officer)

¶1678

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1679

D-2/06/2025

¶1680

M/s Origo Commodities India Pvt. Ltd. vs. APFC/RPFC Gurugram East & Others.

¶1681

Present: Mr. Prashant, for the Appellant.

¶1682

Sh. Kunal Surhatia, Counsel for the Respondent.

¶1683

Order Dated-17.07.2025

¶1684

Ld. Counsel for the respondent has filed reply on behalf of the respondent (EPFO). Copy of the same stands supplied to the counsel for the appellant. Now list the matter on 25.08.2025 for arguments on the prayer seeking stay as well as filing of rejoinder by ld. Counsel for the appellant. In the meanwhile, interim order, if any, to continue till next date of hearing.

¶1685

Atul Kumar Garg (Presiding Officer)

¶1686

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM

¶1687

LABOUR COURT, DELHI

¶1688

M.A. in disposed appeal D-2/06/2025. M/s Zapdor Engineering Pvt. Ltd. vs. APFC/RPFC, Noida.

¶1689

Present: Sh. Kaushik Kumar Dey, Ld. Counsel for the applicant.

¶1690

Order Dated-17.07.2025

¶1691

Ld. Counsel for the applicant seeks more time to file the formal application. Put up on 20.08.2025.

¶1692

Atul Kumar Garg (Presiding Officer)

¶1693

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM

¶1694

LABOUR COURT, DELHI

¶1695

D-2/27/2022

¶1696

M/s IL & FS Engineering & construction Company vs. APFC/RPFC, Gurugram.

¶1697

Present: None for the Appellant. None for the Respondent.

¶1698

Order Dated-17.07.2025

¶1699

As counsels for either of the parties are not present. List the matter on 11.09.2025.

¶1700

Atul Kumar Garg (Presiding Officer)

¶1701

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM

¶1702

LABOUR COURT, DELHI

¶1703

D-2/29/2022

¶1704

M/s IL & FS Engineering & construction Company vs. APFC/RPFC, Gurugram.

¶1705

Present: None for the Appellant.

¶1706

None for the Respondent.

¶1707

Order Dated-17.07.2025

¶1708

As counsels for either of the parties are not present. List the matter on 11.09.2025.

¶1709

Atul Kumar Garg (Presiding Officer)

¶1710

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1711

D-2/33/2022 M/s OYO Hotels & Homes Pvt. Ltd. vs. APFC/RPFC, Gurgaon.

¶1712

Present: Sh. Anil Bhatt & Sh. Ashish Kumar Ojha, counsel for the Appellant.

¶1713

Sh. B.B. Pradhan, Ld. Counsel for the Respondent.

¶1714

Order Dated-17.07.2025

¶1715

Arguments in the matter heard in part. Trial court record is required to be produced within two weeks by ld. Counsel for the respondent. Thereafter, ld. Counsel for the appellant shall have the liberty to inspect the record. Put up on 08.09.2025 for further arguments.

¶1716

Atul Kumar Garg (Presiding Officer)

¶1717

BEFORE CENTRAL GOVERNMENT NDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1718

D-2/17/2020

¶1719

M/s Egelhof Controls India Pvt. Ltd. vs. APFC/RPFC Noida.

¶1720

Present: Sh. Anshul Goel, for the Appellant.

¶1721

Sh. Ramakant Yadav, for the Respondent.

¶1722

Order Dated:-21.07.2025

¶1723

The AR appearing on behalf of the appellant stated that the respondent was supposed to file the trial court record showing the details which were considered while passing the impugned order and on what basis the dues were assessed. Respondent is directed to produce the trial court record along with explanation sought on the next date of hearing positively. Put up on 26.08.2025 for final arguments.

¶1724

(Atul Kumar Garg) Presiding Officer

¶1725

BEFORE CENTRAL GOVERNMENT NDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1726

D-2/04/2024 M/s E Meditek Insurance Ltd. vs. APFC/RPFC Noida.

¶1727

Present: Sh. Amit Bansal, proxy for the Appellant.

¶1728

Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶1729

Order Dated:-21.07.2025

¶1730

The proxy counsel appearing on behalf of the appellant requested for an adjournment as the main counsel is not able to attend the hearing today. In the interest of justice, adjournment is granted. Put up on 27.08.2025 for final argument.

¶1731

(Atul Kumar Garg) Presiding Officer

¶1732

BEFORE CENTRAL GOVERNMENTINDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1733

D-2/14/2024 M/s. Knit Craft Apparels International Pvt. Ltd. Appellant vs. APFC/RPFC, Gurugram East Respondent

¶1734

Present: Sh. Yash, Proxy for the Appellant.

¶1735

Sh. S.N. Mahanta, Ld. Counsel for the Respondent.

¶1736

Order Dated:-21.07.2025

¶1737

The proxy counsel appearing on behalf of the appellant requested for an adjournment as the main is not able to attend the hearing today. In the interest of justice, adjournment is granted. Put up on 27.08.2025 for final argument.

¶1738

(Atul Kumar Garg) Presiding Officer

¶1739

BEFORE CENTRAL GOVERNMENTINDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1740

D-2/16/2024 M/s. Brij Laxmi Paper Products Pvt. Ltd. vs. RPFC Faridabad.

¶1741

Present: Sh. Abhishek Arora Adv. for the Appellant.

¶1742

Sh. Sandeep Mishra, Ld. Counsel, for the Respondent.

¶1743

Order Dated-21.07.2025

¶1744

Ld. Counsel for the appellant while proceeding with his arguments stated that although the money recovered by the respondent in excess to the original dues has been refunded but he wants to pursue with the appeal on the legality of the impugned order passed u/ s 14B and 7Q of the EPF & MP Act, 1952 . Ld. Counsel for the respondent has not brought the trial court record and seeks for an adjournment stating that he was under the impression that as the excess amount recovered by the respondent stands already refunded, the appellant would not proceed with this appeal.

¶1745

In view of the above, put up the case on 01.09.2025 for final arguments in the matter. Respondent is directed to produce the trial court record positively on the next date of hearing.

¶1746

Atul Kumar Garg (Presiding Officer)

¶1747

BEFORE CENTRAL GOVERNMENTINDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1748

D-2/38/2024

¶1749

M/s Zabi Enterprises Vs. RPFC/ APFC Gurugram East

¶1750

Present: Sh. Siddharth Jha proxy for the Appellant.

¶1751

Sh. S.N. Mahanta, for the Respondent.

¶1752

Order Dated-21.07.2025

¶1753

¶1754

Atul Kumar Garg (Presiding Officer)

¶1755

BEFORE CENTRAL GOVERNMENTINDUSTRIAL TRIBUNAL CUM

¶1756

LABOUR COURT, DELHI

¶1757

D-2/22/2018 M/s. Shivalik Prints vs. APFC Faridabad.

¶1758

Present: Sh. J.R Sharma & Sh. Bhupesh Sharma, Ld. Counsel for the Appellant.

¶1759

None for the Respondent.

¶1760

Order Dated-22.07.2025

¶1761

Ld. Counsel for the respondent is not present. Accordingly, list the matter on 09.09.2025 for final arguments.

¶1762

Atul Kumar Garg (Presiding Officer)

¶1763

BEFORE CENTRAL GOVERNMENTINDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1764

D-2/09/2023

¶1765

M/s Oravel Stays Limited vs. RPFC, Gurugram.

¶1766

Present: Sh. K.K. Pandey, for the Appellant. None for the Respondent.

¶1767

Order Dated-22.07.2025

¶1768

None is present on behalf of the respondent to argue the matter. Sh. K.K. Pandey, appearing on behalf of the appellant stated that his arguing counsel Sh. Anil Bhatt is also not available today. Accordingly, in the interest of justice, the matter is adjourned. Put up on 08.09.2025 for final arguments.

¶1769

Atul Kumar Garg (Presiding Officer)

¶1770

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR

¶1771

COURT, DELHI

¶1772

D-2/32/2024 M/s Akasva Infrastructure Pvt. Ltd. vs. RPFC, Gurugram.

¶1773

Present: None for the Appellant. Sh. Vaibhav for Sh. B.K.Tamba, Ld. Counsel for the Respondent.

¶1774

Order dated-22.07.2025

¶1775

The ld. Counsel for the appellant is not present. Put the matter on 09.09.2025 for final arguments.

¶1776

Atul Kumar Garg (Presiding Officer)

¶1777

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR

¶1778

COURT, DELHI

¶1779

D-2/34/2024.

¶1780

M/s Rangi International Pvt. Ltd. vs. RPFC Gurgaon.

¶1781

Present: Ms. Kanishka Sharma, proxy for the Appellant. Sh. Vaibhav proxy for Sh. B.K. Tambar, Ld. Counsel the Respondent.

¶1782

Order Dated-23.07.2025

¶1783

Proxy counsel appearing on behalf of both the parties requested for an adjournment. In the interest of justice, adjournment is granted. Put up on 12.08.2025.

¶1784

Atul Kumar Garg (Presiding Officer)

¶1785

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1786

D-2/07/2021. M/s International Hospital Ltd. vs. RPFC Noida.

¶1787

Present: Sh. Ashish Ojha, proxy counsel for the Appellant.

¶1788

Sh. Chakradhar Panda, Ld. Counsel & Sh. Deepak Meena, for the Respondent.

¶1789

Order Dated-23.07.2025

¶1790

The proxy counsel appearing on behalf of the appellant requested for an adjournment stating that the main counsel Sh. Anil Bhatt is unable to appear today. In the interest of justice, adjournment is granted. List the matter on 12.08.2025.

¶1791

Atul Kumar Garg (Presiding Officer)

¶1792

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1793

D-2/36/2022

¶1794

M/s IPSAA Holding Pvt. Ltd. vs. RPFC Gurgaon East.

¶1795

Present: Sh. M.K. Pandey, Ld. Counsel for the Appellant.

¶1796

Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶1797

Order Dated-23.07.2025

¶1798

Final arguments in the matter heard in part. List the matter on 04.08.2025 for further arguments.

¶1799

Atul Kumar Garg (Presiding Officer)

¶1800

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1801

D-2/13/2024 M/s I.I. Inspection & Export Pvt. Ltd. vs. RPFC Gurugram East.

¶1802

Present: Sh. Raj Kumar, proxy for the Appellant. Sh. Chakradhar Panda, Ld. Counsel & Sh. Lalit Kumar, A/R for the Respondent.

¶1803

Order Dated-23.07.2025

¶1804

This is an appeal preferred by the appellant assailing the orders dated 08.11.2023 passed by the respondent authority u/s 14B and 7Q of the EPF & MP Act, 1952 (hereinafter referred as the Act) whereby an amount of Rs.2,12,226/- and Rs.1,70 ,635/- is assessed as damages and interest for belated payment of EPF dues for the period of 17.03.2020 to 30.08.2022.

¶1805

Today the case is listed for final arguments. This tribunal, while admitting this appeal on 24.04.2024 after perusing the order sheets available in the trial court record had observed that :-

¶1806

Nothing has been reflected from the record where the notice has been served to the establishment for his appearance.

¶1807

It was also observed by this tribunal that the impugned orders being passed by the respondent RPFC was without taking any assistance of the appellant and therefore, they are passed ex-parte.

¶1808

Today while advancing the arguments, counsel for both the parties admitted that the appellant was not provided an opportunity of being heard before the respondent authority and the impugned orders are passed in total violation of the Principles of Natural Justice. Both the parties also requested to remand back this matter for fresh adjudication after giving due opportunity of hearing to the appellant.

¶1809

I have heard the argument at bar and perused the record. This tribunal is of the view that when the order is passed without giving

¶1810

any opportunity to the appellant to submit his averments, then such order has no value in the eyes of law and is fit to be set aside. Accordingly, the present appeal is allowed and the orders passed u/s 14B and 7Q of the Act are set aside. The matter is remanded back to the respondent authority to decide it afresh within a period of three months after giving due opportunity of hearing to the appellant. Let the appellant be remain present before the respondent RPFC on 29.09.2025 for presenting his case. Consign the record to the record room as per rules.

¶1811

Sd/-

¶1812

Atul Kumar Garg (Presiding Officer)

¶1813

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1814

D-2/08/2025 M/s Fluor Projects Inc. vs. APFC/RPFC, Gurugram

¶1815

Present: Sh. M. Dias, Ld. Counsel for the Appellant. Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶1816

Order dated-24.07.2025

¶1817

Atul Kumar Garg (Presiding Officer)

¶1818

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM

¶1819

LABOUR COURT, DELHI

¶1820

D-2/23/2020 M/s Antony Road Transport Solutions Pvt. Ltd. vs. RPFC, Noida.

¶1821

Present: Sh. S.K. Gupta, Ld. Counsel for the Appellant.

¶1822

Sh. B.B. Pradhan, Ld. Counsel & Sh. Deepak Meena, A/R for the Respondent.

¶1823

Order dated-24.07.2025

¶1824

Atul Kumar Garg (Presiding Officer)

¶1825

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM

¶1826

LABOUR COURT, DELHI

¶1827

D-2/09/2022.

¶1828

M/s Xcelserv Solution Pvt. Ltd. vs. RPFC Gurugram.

¶1829

Present: Sh. S.K. Gupta, Ld. Counsel for the appellant. Sh. Narender kumar, Ld. Counsel for the Respondent.

¶1830

Order Dated-24.07.2025

¶1831

Atul Kumar Garg (Presiding Officer)

¶1832

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM

¶1833

LABOUR COURT, DELHI

¶1834

D-2/10/2024

¶1835

M/s National Institute of Open Schooling vs. RPFC Noida.

¶1836

Present: Sh. Sunil Kumar Srivastava & Sh. B.K. Singh, Ld. Counsel for the Appellant.

¶1837

Ms. Santwana Agarwal, Ld. Counsel the Respondent.

¶1838

Order Dated-24.07.2025

¶1839

Atul Kumar Garg (Presiding Officer)

¶1840

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM

¶1841

LABOUR COURT, DELHI

¶1842

D-2/22/2024 M/s Universal Manpower Services vs. RPFC Faridabad.

¶1843

Present: Sh. J.R Sharma, Ld. Counsel for the Appellant.

¶1844

Sh. Chakradhar Panda, Ld. Counsel for the Respondent.

¶1845

Order Dated-24.07.2025

¶1846

Atul Kumar Garg (Presiding Officer)

¶1847

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1848

808(14)2016 M/s Viraj Exports vs. APFC, Noida.

¶1849

Present: Sh. Rajiv Arora, Ld. Counsel for the Appellant. Sh. Narender Kumar, Ld. Counsel for the Respondent.

¶1850

Order dated-25.07.2025

¶1851

Atul Kumar Garg (Presiding Officer)

¶1852

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1853

D-2/32/2019 M/s Viraj Exports vs. APFC, Noida.

¶1854

Present: Sh. Rajiv Arora, Ld. Counsel for the Appellant. Sh. Narender Kumar, Ld. Counsel for the Respondent.

¶1855

Order dated-25.07.2025

¶1856

Atul Kumar Garg (Presiding Officer)

¶1857

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI

¶1858

D-2/27/2021.

¶1859

M/s DLF Golf Resorts LTD vs. RPFC Gurugram East.

¶1860

Present: Sh. Vinod Kumar, A/ R for the appellant.

¶1861

Sh. Narender Kumar, Ld. Counsel for the Respondent.

¶1862

Order Dated-25.07.2025

¶1863

Atul Kumar Garg (Presiding Officer)

M/s I.I. Inspection & Export Pvt. Ltd. v. Rpfc Gurugram East

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M/s I.I. Inspection & Export Pvt. Ltd. v. Rpfc Gurugram East

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