Allowed

M/S Simplex Infrastructures Limited v. Central Board of Trustees, E.P.F. Organization

Delhi HC15 May 2018W.P.(C)/5569/2015

Case brief

AI extract

What is this about?

Single judge set aside Tribunal order imposing wrong pre-deposit condition under Section 7-O for interim stay, ruling it applied only to Section 7-A. Directed Tribunal to decide interim relief afresh.

What did the court decide?

Order dated 18.05.2015 set aside; Tribunal directed to decide request for interim relief afresh during pendency of appeal.

M/S Simplex Infrastructures Limited Vs Central Board of… — Service and Employment | Delhi HC (2018)

¶1

$~25

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

% Judgment Reserved on: 14.03.2018 Judgment Pronounced on: 15.05.2018

¶4

- WP (C) 5569/2015 & CM APPL. 10021/2015

¶5

M/S. SIMPLEX INFRASTRUCTURES LIMITED ....Petitioner Through: Mr.Rajiv Arora, Advocate.

¶6

versus

¶7

CENTRAL BOARD OF TRUSTEES E.P.F. ORGANIZATION ...Respondent Through: Ms.Inderjeet Sidhu, Advocate.

¶8

CORAM: HON'BLE MR. JUSTICE VINOD GOEL

¶9

VINOD GOEL, J.

¶10

The petitioner has challenged the order dated 18.05.2015 under Article 226 and 227 of the Constitution of India passed by Employees’ Provident Fund Appellate Tribunal, New Delhi (in short ‘the Tribunal’) in the appeal being ATA No.498(4)2015.

¶11

While considering the interim relief during the pendency of the appeal challenging the order dated 31.03.2015 issued against it under Section 14B and Section 7Q of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (in short ‘the EPF Act’), the Tribunal observed that the appeal is against the order under Section 14B and Section 7Q of the EPF Act and the

¶12

Page 1 of 4

¶13

WP(C) 5569/2015

¶14

petitioner is supposed to deposit the assessed amount under Section 7Q of the EPF Act since the order under Section 7Q of the EPF Act is not appealable. The Tribunal stayed the impugned order dated 31.03.2015 subject to the petitioner/appellant depositing the amount assessed under Section 7-Q of the Act with the concerned authority within 30 days, failing which the appeal shall be deemed to be dismissed. In fact, the impugned order dated 31.03.2015 is a composite order passed under Section 14B and 7Q of the EPF Act and in view of the judgment of the Apex Court in Arcot Textile Mills Ltd. vs. Regional Provident Fund Commissioner, AIR 2014 SC 295 , such order impugned before the Tribunal is appealable. Since the order impugned before the Tribunal was under Section 14B and 7Q of the EPF Act, the petitioner was not required to pre-deposit any amount under Section 7-O of the EPF Act as assessed and determined by EPFC.

¶15

A Division Bench of this court in Jai Balaji Security Services (Regd.) Vs. A.P.F.C. Delhi (North) in LPA No. 880/2015 decided on 16.12.2015 has dealt with the scope of power of the Tribunal to grant interim relief during pendency of the appeal. Para 15 and 19 of the judgment read as under which read as under: -

¶16

“15. But that would not mean that if an aggrieved person, who has challenged an order under Section 7- Q and/or Section 14-B of the Act moves an application before the Appellate Tribunal seeking stay of the demand raised, the Appellate Tribunal

¶17

Page 2 of 4

¶18

WP(C) 5569/2015

¶19

would not be empowered to pass a conditional order of stay. Whereas Section 7-I of the Act creates the forum of appeal, Section 7-O puts an embargo on the entertainment of the appeal by the Appellate Tribunal by requiring 75% of the amount due as determined under Section 7-A to be deposited; with a power vested in the Appellate Tribunal to waive or reduce the amount to be deposited. Thus, whereas an appeal has to be entertained without insisting on any pre-deposit concerning orders passed under Section 7-Q and Section 14-B of the Act, but the pendency of the appeal would not prohibit the Competent Authority to effect the recovery unless the Appellate Tribunal passes an interim order concerning the demand. This would simply mean that the Appellate Tribunal can pass conditional orders.”

¶20

“19. We reiterate once again. Section 7-O of the Act would apply only to orders passed under Section 7-A of the Act and condition of pre-deposit of 75% of the amount assessed would be a condition for entertaining the appeal by the Appellate Tribunal subject to the Tribunal passing an order under the Proviso to the said Section. The said order is distinct from an order passed by the Appellate Tribunal in an application seeking interim directions where demands raised under Section 7-Q and Section 14-B of the Act are challenged. Said orders are not passed in exercise of the power under the Proviso to Section 7-O of the Act.”

¶21

It is conveyed from the above said judgment that the Tribunal would be empowered to pass a conditional order of stay during the pendency of appeal where the demand raised under Section 14-B and 7-Q of the EPF Act has been challenged. Mere pendency of appeal would not prohibit the EPF Authority to effect recovery unless Tribunal stays the recovery by interim order during subsistence of appeal subject to certain conditions.

¶22

Page 3 of 4

¶23

WP(C) 5569/2015

¶24

On a close scrutiny of the impugned order of the Tribunal, it appears that the Tribunal has directed the petitioner to deposit the amount as assessed under Section 7-Q of the EPF Act under a wrong impression that the part order under Section 7-Q of the EPF Act is not appealable whereas it is a composite order under Section 14B and 7Q of the EPF Act and hence appealable in view of the judgment of the Apex Court in Arcot Textile Mills Limited (supra) . Therefore, the impugned order dated 18.05.2015 of the Tribunal is hereby set-aside with the direction that the Tribunal shall decide the request of the petitioner for interim relief afresh on such terms and conditions as it may deem fit during the pendency of the appeal.

¶25

The petition is disposed of accordingly.

¶26

CM APPL. 10021/2015 is disposed of as infructuous.

¶27

(VINOD GOEL)
JUDGE
MAY 15, 2018
dkb

¶28

Page 4 of 4

¶29

WP(C) 5569/2015

M/S Simplex Infrastructures Limited v. Central Board of Trustees, E.P.F. Organization

Case brief

What is this about?

What did the court decide?

M/S Simplex Infrastructures Limited v. Central Board of Trustees, E.P.F. Organization

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Delh Transport Corporation Vs Rakesh Kumar

Bijender Kumar and Ors. Vs Staff Selection Commission

Mukul Talwar Vs Union of India & Ors.

Vrinda Grover Vs Union of India & Ors.

Vineet Khosla Vs Ld. Recovery Officer (I), Drt (Iii), & Ors.

Dr Raj Kumar Sharma & Anr. Vs G N C T of Delhi & Ors.

Chander Mohan Khanna Vs State of Punjab & Anr.

Rajiv Gaur & Anr. Vs Union of India & Anr.

M/S. Safexpress Pvt. Ltd. Vs Jitender Kuamr Yadav

M/S G4S Secure Solutions India Pvt. Ltd. Vs Sh. Mahender Singh Verma and Ors.

M/S G4S Secure Solutions India Pvt. Ltd. Vs Ram Babu Arya

M/S Calcutta Test House (P) Ltd. Vs Central Board of Trustees, E.P.F. Orginazation

M/S. Dentsu Marcom Pvt. Ltd. Vs Central Board of Trustees, E.P.F. Organization

M/S Six Dee Telecom Solutions Pvt. Ltd. Vs Central Board of Trustees, E.P.F. Organization