Petitioner sought exemption from coercive action pending functional CGIT-Jaipur hearing on EPF stay application. Court directed suspension of coercive action and disposed of petition.
No coercive action to be taken against petitioner till CGIT-Jaipur takes up the stay application for hearing.
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ANIL SPECIAL STEEL INDUSTRIES LTD ..... Petitioner Through: Mr.S.K.Gupta, Advocate
versus
ASSISTANT PROVIDENT FUND COMMISSIONER.... Respondent Through: Mr.Arvind Kumar Verma, Advocate
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
Exemption allowed, subject to all just exceptions.
W.P.(C) 5872/2017
Initial submissions have been made on behalf of the petitioner.
Learned counsel appearing for the respondent accepts notice.
It has been submitted on behalf of the learned counsel that the CGIT-Jaipur, is yet to be constituted and is yet to take up the case in view of the Central Government notification No.1501 dated 26th May, 2017, whereby the jurisdiction of the EPF Appellate Tribunal has been merged by the Finance Act, 2017 to the respective Central Government Tribunals.
It has been submitted on behalf of the petitioner placing reliance on the verdict of the Supreme Court in W.P.(C) 999/2014 dated 2.3.2015 and on the verdict of this Court in W.P.(C)
No.436/2015 this order dated 16.1.2015that until the appeal and application for stay of the operation of the order dated 26.2.2017 are disposed of by the Tribunal, no coercive action be taken against the petitioner.
On a consideration of the submissions made, it is not considered appropriate to keep the matter pending for further hearing. Till the CGIT-Jaipur, on being functional, takes up the application filed by the petitioner seeking stay of the operation of the order dated 2.6.2017 No. RJ/JPR/Comp.1/1674/T-02/F.No.38, Employees Provident Fund Organisation, (Ministry of Labour & Employment, Govt. of India), Regional Office, Nidhi Bhawan, Jyoti Nagar, Jaipur for hearing, no coercive action be taken against the petitioner by the respondent.
In view of the above, nothing survives in the petition.
The petition is disposed of accordingly.
ANU MALHOTRA, J
JULY 14, 2017/sv
1 issue framed by the court
Whether to keep the matter pending for further hearing regarding the CGIT-Jaipur taking up the stay application.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
ANIL SPECIAL STEEL INDUSTRIES LTD
ASSISTANT PROVIDENT FUND COMMISSIONER
ANU MALHOTRA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
