IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14996 of 2020 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 14996 of 2020 ==========================================================

M/S. SARABHAI CHEMICALS Versus LD. CGIT COMMISSIONER & 1 other(s)

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Appearance:

GANDHI LAW ASSOCIATES(12275) for the Petitioner(s) No. 1 MR AV NAIR(5602) for the Respondent(s) No. 2 NOTICE SERVED for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV Date : 06/10/2022

ORAL ORDER

1. At the outset, learned advocate for the respective parties have submitted that now the Central Government Industrial Tribunal, Ahmedabad (CGITA) is available and the present application was only filed before this Court since the appellant tribunal was not functioning.

2. Mr. Nisarg Desai, learned advocate for the petitioner has submitted that the petitioner will pursue the appeal before the CGIT, Ahmedabad, however, the interim relief granted by this Court may be extended till the matter is heard by the CGIT, Ahmedabad.

3. This court on 26.11.2020 passed the following order:

“1. Draft amendment is allowed. Petitioner to carry out the amendment forthwith.

2. Heard learned advocate Mr. Nisarg Desai for Nanavati Associates for the petitioner.

3. At the outset, learned advocate for the petitioner has pointed out the averments made in ground (O) of the petition in which it has been specifically stated that petitioner has already filed an appeal under Section 7 of the Employees Provident Fund and Misc. Provisions Act challenging the order dated 03.02.2020 (declared on 01.09.2020) on 11.09.2020. However, the post of learned CGIT cum Labour Court is lying vacant at present and therefore appeal filed by the petitioner is not listed for hearing. In the meantime, now notice dated 28th October, 2020 has been issued by the respondent No.2, wherein it is stated that if the petitioner fails to deposit the amount as per the impugned order, coercive steps shall be taken against the petitioner. It is further submitted by learned advocate for the petitioner, under the instructions, that petitioner is ready and willing to deposit the amount of interest before the Registry of this Court without prejudice to the rights and contentions of the petitioner.

4. In view of the aforesaid facts and circumstances of the present case, issue Notice to the respondents returnable on

22.01.2021 Till the next date of hearing, no coercive steps shall be taken against the petitioner pursuant to the impugned order on condition that the petitioner shall deposit Rs.8,60,512/- (interest amount) within a period of four weeks from today with the Registry of this Court.”

4. Under the circumstances, the present writ petition is disposed of in view of the availability of the CGIT, Ahmedabad, wherein the appeal of the petitioner is filed being CGIT (EPF) Appeal No. 23 of 2020. It is clarified that till the appeal is heard on merits, the respondents are directed not to take coercive steps against the petitioners. It is further clarified that this Court has not examined the matter on merits and since the appellate tribunal is available, the matter is disposed of in the aforesaid terms. The CGITA, after giving opportunity of hearing to both the parties with regard to interim relief, shall pass an order in accordance with law.

5. The petitioner is permitted to withdraw the amount of interest deposited vide order dated 26.11.2020 only on condition that the same amount after withdrawal shall be deposited in the pending appeal before the CGIT, Ahmedabad. Civil Application is disposed of.

(BIREN VAISHNAV, J)

DIVYA