M/S. REDSON TEA LTD. v. EPF APPELLATE TRIBUNAL AND ANR.

Delhi High Court · 09 Dec 2014 · 2014:DHC:6854
SURESH KAIT
W.P.(C) No.8691/2014
2014:DHC:6854
administrative petition_allowed

AI Summary

The Delhi High Court held that no coercive action can be taken to enforce EPF demands under Sections 14B and 7Q in the absence of an appellate tribunal, granting interim protection to the petitioner.

Full Text
Translation output
W.P.(C) No.8691/2014 HIGH COURT OF DELHI
JUDGMENT
delivered on 9th December, 2014
W.P.(C) 8691/2014
M/S. REDSON TEA LTD. ..... Petitioner Represented by: Mr.S.P.Arora, Adv.
Versus
EPF APPELLATE TRIBUNAL AND ANR. ..... Respondents
Represented by: Mr.R.C.Chawla and Mr.D.Rajeshwar Rao, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (ORAL)
C.M.No.20003/2014 (Exemption)
Exemptions allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C) 8691/2014

1. The petitioner has been assessed under Section 14B and 7Q of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. The petitioner has filed an appeal against the impugned order dated 10.11.2014, however, there is no Tribunal in existence to hear the appeal or even to decide the stay application. A demand of Rs.6,45,854/- has been raised under Section 14B of the Act for the period August, 2000 to February, 2013 and demand of Rs.2,99,318/- has been raised under Section 7Q of the Act, 2014:DHC:6854 W.P.(C) No.8691/2014 for the period noted above.

2. Until the appeal is taken up by the Tribunal, no coercive steps shall be taken to enforce the demand.

3. In view of the above the petition is allowed.

5. Dasti. C.M.No.20002/2014 (stay) With the disposal of the instant petition, the stay application has become infructuous and disposed of as such.

SURESH KAIT (JUDGE) DECEMBER 09, 2014 mr