Back
IN THE HIGH COURT OF ALLAHABAD
J.J. MUNIR, J.
M/S Patton Logistics Pvt Ltd - Petitioner
Versus
Employees Provident Fund Appellate Tribunal And Another - Respondents
WRIT C NO. 8647 OF 2024.
Decided On : 15-03-2024
JUDGMENT
J.J. Munir, J.
This writ petition has been filed challenging an order dated 19.01.2024 passed by the Presiding Officer, Employees' Provident Fund Appellate Tribunal, Kanpur Nagar in Appeal No. 49 of 2023 granting stay of damages against the orders passed under Section 14B and 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, 'the Act of 1952'), awarding damages and interest. By the said order, the Tribunal has admitted the appeal to hearing and granted interim stay of operation of the order dated 19.04.2024 passed under Section 14B and 7Q by the Regional Provident Fund Commissioner-II, Varanasi on condition that the petitioner do deposit a sum of Rs. 3,00,000/- under Section 14B and a sum of Rs. 1,00,000/- under Section 7Q of the Act of 1952. The Regional Provident Fund Commissioner-II, Varanasi has ordered the petitioner to pay a sum of Rs. 10,01,517/- under Section 14B of the Act of 1952 and Rs. 5,54,805/- under Section 7Q of the said Act.
2. Learned Counsel for the petitioner has been at pains to urge before us that there is no requirement of pre-deposit in an appeal preferred under Section 7-I of the Act of 1952. The requirement of pre-deposit is there in a case, where the appeal under Section 7A is filed. He has drawn the attention of the Court to the holding of my esteemed Brother S.D. Singh in Writ-C No. 33257 of 2021, decided on 19.01.2022, wherein it has been held:
3. Upon hearing learned Counsel for the petitioner and Mr. Jagdish Pathak, learned Counsel appearing on behalf of respondent no. 2, this Court is afraid that the petitioner's contention cannot be accepted.
4. A perusal of the impugned order passed by the Appellate Tribunal does not show that the Tribunal have required the petitioner to pre-deposit any sum of money. The Tribunal have passed an interim order after admitting the appeal, subject to the condition that the petitioner deposits a certain sum of money as directed. It is only a conditional stay order. In our opinion, the said order is absolutely interlocutory and there is no such perversity in the condition imposed as may require this Court to interfere with it in exercise of our jurisdiction under Article 226 of the Constitution.
5. Accordingly, this petition fails and is dismissed, summarily.
The court upheld the Employees' Provident Fund Appellate Tribunal's interim order requiring pre-deposit for appeal, finding it interlocutory and not subject to interference.
Point of Law : Presence or absence of mens rea and/or actus reus would be a determinative factor in imposing damages Under Section 14B, as also the quantum thereof since it is not inflexible that 100....
The court considered the purpose of the Act as a social welfare legislation and allowed the appellant to avail the appellate remedy before the Tribunal, considering the overall facts and circumstance....
Point of law : Under the proviso to Section 7-O of the Act of 1952, the Tribunal may waive or reduce the pre-deposit amount for reasons to be recorded in writing.
The legal requirement of pre-deposit does not apply to appeals concerning orders under Sections 14-B and 7-Q, allowing restoration of the appeal for merits consideration.
Statutory authorities cannot maintain an appeal regarding pre-deposit reductions under the Employees' Provident Funds Act due to lack of personal grievance and required statutory authority.
Tribunal's requirement for a 20% pre-deposit under Section 14B of the EPF Act is invalid as no such provision exists for appeals under that section.
The main legal point established is that each case should be considered on its own merits for pre-deposit under Section 7-O of the EPF Act, and passing standard orders without due consideration to th....
Tribunals must evaluate individual cases for pre-deposit requirements, considering all existing deposits and applying relevant legal standards rather than issuing standard template orders.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
