High CourtsSingle Bench(2021) 07 UK CK 0214

Board Of Directors Of The Woodstock School & Teachers Training College, Landour vs Regional Provident Fund Commissioner Dehradun-1 & Others

Uttarakhand High Court · Decided on 29 July 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 1465 Of 2021

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Judgment

18 paragraphs · 355 words

Manoj Kumar Tiwari, J

1.

Regional Provident Fund Commissioner-I, Dehradun passed an order under Section 7A of Employees Provident Funds & Miscellaneous Provisions

Act, 1952 against the petitioner on 31.03.2021, whereby liability of Rs. 1,66,69,656/-was fastened upon the petitioner. Feeling aggrieved by the said

order, petitioner filed review application, which was rejected by Regional Provident Fund Commissioner-I, Dehradun vide order dated 08.07.2021.

2.

Petitioner thereafter filed an Appeal, which is pending before the Central Government Industrial Tribunal, Lucknow. In this writ petition, petitioner

has challenged the order dated 13.07.2021 passed by Recovery Officer/Regional Provident Fund Commissioner-II, Dehradun, whereby the Branch

Manager, Union Bank of India, Mussoorie has been asked to seize the bank account of the petitioner.

3.

Learned counsel for the petitioner has referred to one order passed by this Court in Writ Petition (M/S) No. 1099 of 2021 and he submits that the

facts of the present case are identical to the facts of the said case. He further submits that the present writ petition may also be disposed of in terms

of the said order.

4.

Learned counsels for respondents do not dispute the aforesaid statement of learned counsel for the petitioner. Learned counsel appearing for

respondent no. 1 fairly submits that the facts of the present case are similar to the facts of the case involved in Writ Petition (M/S) No. 1099 of 2021.

5.

Since the controversy involved now stands settled by the aforesaid judgment, therefore, the writ petition is disposed of in terms of the judgment

dated 14.06.2021 rendered in WPMS No. 1099 of 2021. The Appellate Authority/Central Government Industrial Tribunal, Lucknow shall consider

petitioner’s application filed under Section 7-O of Employees’ Provident Funds & Misc. Provisions Act, 1952 and also the stay application

filed by the petitioner in his Appeal and decide the same as early as possible; but, not later than 30 days from resumption of physical hearing.

6.

For a period of three months or till disposal of petitioner’s stay application filed under Section 7-O of Employees’ Provident Funds & Misc.

Provisions Act, 1952, whichever is earlier, no coercive steps shall be taken against the petitioner.