The Tribunal allowed the appellant's application under Section 7O to waive the 75% pre-deposit requirement due to the pendency of related writ petitions. The appeal was admitted with a stay on execution.
Application for waiver of 75% deposit allowed; appeal admitted; execution of impugned order stayed until finalization.
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BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, DELHI
D-1/28/2025
M/s Skoda India Pvt. Ltd. vs. APFC/ RPFC, Delhi Central.
Present: Sh. Manoj Kumar Dwivedi, Ld. Counsel for the Appellant. Sh. B.B. Pradhan, ld. Counsel for the Respondent.
Provided that the Tribunal may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this section.
The above said provision make it clear that before entertaining the appeal, appellant is required to deposit 75% of the assessed amount u/s 7A of the Act. In the next line, this tribunal has been empowered to waive of the due amount to be deposited u/s 7O, for reasons to be recorded in writing. The fact of pendency of appeal by way of writ petition before High Court of both the appellant and the respondent no. 2 has not been denied by the respondent herein. Whole case of the respondent is based upon the order passed by the ld. Deputy Labour Commissioner who had
directed Skoda India Pvt. Ltd. to pay the amount of Rs.28,05,825/-. In the said impugned order ld. RPFC had only reproduced para no. 2,3,4,5,6,7,8, & 9 which are the contention and fact raised by the respondent no. 2 in his claim petition before Deputy Labour Commissioner and wherein the Deputy Labour Commissioner had directed appellant to pay the dues to respondent no.2 herein. In these circumstances, when the matter is pending in the High Court, condition of 75% deposit is entirely waived. Though, the appellant had impleaded Sh. Mukesh Kumar Agarwal as respondent no. 2, however, his presence is not required in adjudicating the appeal.
Sd/-
Atul Kumar Garg (Presiding Officer)
2 issues framed by the court
Whether the condition of 75% pre-deposit under Section 7O of the EPF & MP Act requires waiver given the pendency of writ petitions involving the same facts.
Whether the appellant is required to file a separate reply for the order since the appeal is admitted without deposit and execution is stayed.
2 provisions across 1 enactments
M/s Skoda India Pvt. Ltd.
APFC/ RPFC, Delhi Central
Sh. Mukesh Kumar Agarwal
Atul Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
