Cgit award

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

D-2/07/2025 M/s Ambience Hotel & Resorts Pvt. Ltd. vs. APFC/RPFC, Delhi

Gurugram East.

Present: Sh. Rajiv Shukla, Ld. Counsel for the appellant. Sh. S.N. Mahanta, Ld. Counsel along with Sh. Lalit Kumar, AR for the respondent.

Order dated-16.09.2025

Counsel for the appellant has pressed his plea for stay of the impugned order passed under section 14B & 7Q of the EPF & MP Act, 1952 (hereinafter referred as ‘the Act’) by the respondent, where the respondent has assessed the dues to the tune of Rs. 9,38,541/- as well as Rs. 6,07,906 on 12.03.2025 under section 14B & 7Q of the Act. Appellant counsel has stated that the respondent has completely ignored that the appellant being a hotel was worst effected during the covid pandemic due to extreme restrictions on the public activities resulting in grave financial crisis so much so that the wages also could only be paid after a delay and as such should not burdened further with damages and interest for the delayed payments. Respondent no. 2 failed to give an opportunity to represent the case of the appellant in the impugned proceedings on 11.03.2025. Ld. Authority failed to appreciate that the appellant had only effected the compliance of RPFC’s direction vide letter dated 18.06.2021 and deposit an amount of Rs. 11,72,221/-. He submitted that it is a good prima-facie case, therefore, the impugned order passed under section 14B & 7Q of the Act be stayed till the final disposal of the appeal.

Respondent herein has filed the reply opposing the prayer of the appellant. He has narrated firstly the objective of the EPF & MP Act, 1952 which is a social welfare legislation. He further submitted that by the 15^th day of the next month, the employee was directed to deposit the PF dues. Here the 7A order has been passed in respect of the casual employee whose provident fund has not been deposited by the