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Judgment
Tapabrata Chakraborty, J
In view of the express undertaking of the petitioners to comply with all the formalities regarding filing including stamping of the petition immediately upon resumption of normal court business and in view of the urgency involved, the writ petition is taken up for hearing dispensing with the requirements of Rule 26 of the Writ Rules.
Mr. Mitra, learned advocate appearing for the petitioners submits that the petitioner no.1 is a nursing home and is covered under the Employees Provident Fund and Miscellaneous Provisions Act (in short, the said Act). A proceeding under Section 7A of the said Act was initiated against the petitioner no.1 with regard to payment of contribution for the period from April, 2012 to October, 2015. The final order was passed by the respondent no.2 on 29th January, 2020. The said order is appealable under Section 7-I of the said Act and the period of limitation is prescribed as 60 days and in the event of any delay, the appellate authority is conferred with the power to extend the said period by another 60 days as per Rule 7 of the Employees Provident Fund Appellate Tribunal (Procedure) Rules 1997. Before expiry of the period prescribed to prefer the statutory appeal, a lockdown order was issued due to the pandemic caused by COVID-19 virus on 22nd March, 2020. In view thereof, the petitioners could not prefer the statutory appeal.
Taking into consideration the challenge faced by the country on account of COVID-19 virus, the Hon'ble Supreme Curt in a Suo Moto Writ Petition (Civil) no.3 of 2020 passed an order dated 23rd March, 2020 observing inter alia that the period of limitation in all proceedings in Courts/Tribunals shall stand extended with effect from 15th March, 2020 till further orders. A representation was, accordingly, submitted on behalf of the petitioner no.1 requesting the respondent no.2 not to take any coercive action on the basis of the order dated 29th January, 2020. In reply to the said representation, the respondent no.2 issued a letter dated 31st March, 2020 advising the petitioners to submit a payment plan.
Drawing the attention of this Court to the averments made in paragraph 26 of the writ petition, Mr. Mitra submits that the petitioner no.1 has been enrolled in the project 'Sasthosathi' to cater to the health related issues.
Prima facie the period prescribed for preferring the statutory appeal is yet to expire, in view of the order dated 23rd March, 2020 passed by the Hon'ble Supreme Court and in such circumstances it would be iniquitous to deny interim protection to the petitioner no.1.
Accordingly there shall be an interim order restraining the respondents from taking any coercive steps against the petitioners on the basis of the order dated 29th January, 2020 passed under Section 7A of the said Act till 15th June, 2020 or until further orders, whichever is earlier.
Mr. Mitra submits that though no formal order of attachment has been issued, the respondents are not allowing the petitioners to operate their bank account being no.10436272908 in the State Bank of India, Kamarhati Branch. It is made clear that the respondents shall not prevent the petitioners from operating the said bank account till 15th June, 2020 or until further orders, whichever is earlier Liberty to mention the matter upon notice to all the respondents.
All parties are to act on a server copy of this order on the usual undertakings.