M/S General Security And Information Service vs Assistant Provident Fund Commissioner Sro: Siliguri And Anr.

Vinod Goel, J

On an advance copy of petition having been served, Mr.Satpal Singh, Advocate appears for respondent no.1 and Mr.Sameer Agrawal, Advocate

for respondent no.2.

By this writ petition, the petitioner has impugned the order dated 15.06.2015 passed by the Assistant Provident Fund Commissioner, Siliguri, West

Bengal under Section 14-B and 7-Q of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (in short ‘EPF Act’)

assessing the damages at Rs.10,46,915/- and interest to the tune of Rs.8,27,260/- for the period from April, 1996 to February, 2014 against it.

Learned counsel for the petitioner submits that the petitioner could not file appeal before the Appellate Tribunal under Section 7-I of the EPF Act as

no Appellate Tribunal has been functioning in Calcutta since 15.06.2015. She submits that the petitioner has no other remedy available except to move

to this Court in writ jurisdiction.

Admittedly, the impugned order dated 15.06.2015 has been passed by the Assistant Provident Fund Commissioner, SRO, Siliguri (State of Calcutta),

which is impleaded as respondent No.1. The petitioner is a proprietary concern having its office in Siliguri (Darjeeling).

In the circumstances, this Court has no jurisdiction to entertain the petition and the petitioner, if so adviced, may approach the Calcutta High Court

for redressal of its grievances, when no Appellate Tribunal has been functioning in the concerned jurisdiction.

The petition and application, being CM No. 8106/2018 are dismissed.