Disposed

M/S Thoughts Consultants Jaipur Pvt. Ltd. v. the Assistant Provident Fund Commissioner

Rajasthan HC3 Nov 2023CW/1767/2023

Case brief

AI extract

What is this about?

This order disposes of a writ petition challenging a stay granted regarding recovery proceedings. The court noted that the appellate tribunal is now functional and granted the petitioner liberty to pursue the statutory appeal within 30 days.

What did the court decide?

Interim stay on recovery proceedings continued for 30 days; liberty granted to pursue appeal before the Tribunal.

M/S Thoughts Consultants Jaipur Pvt. Ltd. Vs the… — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JP:33008]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1767/2023

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M/s Thoughts Consultants Jaipur Pvt. Ltd., 1 Da 15, Jawahar Nagar, Jaipur - 302004 (Rajasthan) Through Ashish Gupta S/o O.p. Gupta Aged 52 Years, C.e.o. And Competent Authority Of Thoughts Consultants Jaipur Pvt. Ltd.

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----Petitioner

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Versus

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The Assistant Provident Fund Commissioner, Nidhi Bhawan, Vidyut Marg, Jyoti Nagar, Jaipur - 302005 (Rajasthan)

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Central Government Industrial Tribunal Cum Labour Court, Kendriya Sadan, Block-B, Sector-10, Vidhyadhar Nagar, Jaipur - 302039 (Rajasthan).

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----Respondents

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For Petitioner(s) : Mr. R.D. Sharma For Respondent(s) : Mr. Ram Karan Verma

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HON'BLE MR. JUSTICE INDERJEET SINGH Order

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03/11/2023

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Heard counsel for the parties.

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On 13.02.2023, the Coordinate Bench of this Court passed

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the following order:-

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“Learned counsel for petitioner submits that against the order dated 22.11.2022 passed by the Assistant Provident Fund Commissioner (Damages), the petitioner has filed statutory appeal before the Central Government Industrial Tribunal Cum-Labour Court, Jaipur but since at present, the Presiding Officer in the Appellate Tribunal is not posted, therefore, hearing on the appeal and stay application is in abeyance.

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Heard. Issue notice to respondents. In the meanwhile, recovery proceedings against the petitioner, pursuant to the impugned order dated 22.11.2022 passed by the Assistant

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[2023:RJ-JP:33008]

[CW-1767/2023]

Provident Fund Commissioner (Damages), shall remain stayed, however it is made clear that as soon as the Appellate Tribunal would come to its function, this stay order would come to an end automatically.”

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Counsel for the respondents submits that the Presiding

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Officer of the Tribunal has already been appointed and joined, therefore, the Tribunal is functioning regularly.

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Counsel for the petitioner has not disputed this fact.

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In that view of the matter, I dispose of this writ petition with the liberty to the petitioner to pursue its appeal before the Tribunal.

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The interim order dated 13.02.2023 passed by the Coordinate Bench of this Court shall continue for a period of 30 days.

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The pending applications if any, stands disposed of.

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(INDERJEET SINGH),J

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Jyoti/361

M/S Thoughts Consultants Jaipur Pvt. Ltd. v. the Assistant Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

M/S Thoughts Consultants Jaipur Pvt. Ltd. v. the Assistant Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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