The High Court may grant a conditional stay on recovery proceedings under the Employees' Provident Fund Act, 1952, pending the consideration of an appeal and stay petition by the appellate tribunal, subject to the deposit of a specified percentage of the assessed dues.

JUDGMENT

The petitioner is before this Court apprehending that recovery proceedings may be initiated by the Provident Fund Department for recovery of the amounts adjudicated as due in proceedings under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 for the period from December, 2022 to March, 2024, at a time when Ext.P2 appeal along with a stay petition is pending consideration before the Central Government Industrial Tribunal-Cum-Labour Court (hereinafter referred to as the Tribunal).

2. The learned counsel appearing for the Provident Fund Department seeks time to get instructions. However, considering the limited nature of relief sought for by the petitioner, I am of the view that this writ petition need not be adjourned to enable the Standing Counsel to obtain instructions.

3. Accordingly, this writ petition is disposed of directing that till the stay petition in Ext.P2 appeal is taken up and considered by the Tribunal, further proceedings for recovery of the amounts due under Ext.P1 shall not be taken, subject to the condition that the petitioner remits an amount equivalent to 10% of the assessed dues within a period of one month from today.

4. If the Tribunal were to impose any condition of deposit for the stay, the fact that the petitioner has deposited

10% pursuant to this order, shall also be factored.

The writ petition is ordered accordingly.