Recovery proceedings cannot proceed if an appeal and stay application are pending before a tribunal.

JUDGMENT The petitioner has approached this Court being aggrieved by the fact that the recovery proceedings have been initiated against the petitioner for recovery of amounts due under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (in short ‘the 1952 Act’) for a period from 09/2020 to 05/2023 at a time when an appeal is pending before the Central Government Industrial Tribunal along with an application for stay. It is the case of the petitioner that pending consideration of the appeal and the stay petition, the Provident Fund Department ought not to have proceeded for recovery.

2. Heard the learned counsel appearing for the Provident Fund Department also.

3. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the Provident Fund Department, I am of the view that since it is admitted that an appeal has been filed by the petitioner before the Central Government Industrial Tribunal along with an application for stay, the proceedings for recovery initiated to recover the amounts adjudicated as damages under Section 14B of the 1952 Act for the period from 09/2020 to

05/2023 shall be kept in abeyance till the stay petition filed by the petitioner before the Central Government Industrial Tribunal against the order imposing damages is taken up and considered by the Central Government Industrial Tribunal. I am inclined to direct as above taking into consideration the fact that there has been no sitting at the Central Government Industrial Tribunal for sometime and the petitioner has not been able to bring up the stay petition for consideration.

The writ petition will stand disposed of as above.

Sd/-