Parveen Travels P Ltd v. Central Board of Trustees

1. The prayers in the present Petition read as follows: “[a] to issue a writ order or direction in the nature of mandamus to issue directions to the Respondent No.02 to place the application dated 07.02.2025 (Annexure P[1]) before the Central Board of Trustees, EPFO, Delhi (herein respondent no.01) to consider the application for seeking waiver of the damages as per paragraph 32-B of the Scheme,1952 in the interest of justice as enumerated as above; [b] to grant interim order against the impugned order dated 03.06.2024 (Annexure P[4]) so that the respondent no.02 and/or their subordinate recovery officer(s) and /or inspecting authority may not issue any recovery action against the Petitioner and their company's officer(s); and therefore, status-quo may kindly be maintained till disposal of the present writ petition.”

2. The limited prayer before this Court is to decide the application dated 07.02.2025 which has been filed before the Respondent No.1.

3. Issue Notice. 3.[1] Learned Counsel for the Respondents, who appears on advance service, accepts Notice and submits that the prayer [b] is not maintainable in view of the existence of the remedy of an Appeal.

4. Learned Counsel for the Petitioner on instructions submits that he restricts his prayers to prayer [a] in the present Petition. Liberty is however sought and granted to the Petitioner to take appropriate steps in accordance with law qua prayer [b].

5. The liberty as sought for is granted.

6. With the consent of the learned Counsels for the parties, this Petition is taken up for final hearing and disposal today.

7. The Respondents are directed to treat the present Petition as a Representation. The Respondents shall decide the Representation of the Petitioner by a speaking order, and as directed herein. 7.[1] For this purpose, the Respondents shall address a communication to the Petitioner for appearing before the concerned Authority for a personal hearing within a week from today. 7.[2] The Petitioner and/or his authorized representative shall be permitted to produce any additional facts or documents in support of his contentions, at the time of the hearing before the concerned Authority. 7.[3] In the event, if it is deemed necessary, that there is a need for more than one hearing, the Petitioner and Respondents may mutually schedule such additional hearing(s) amongst themselves as well. 7.[4] The Respondents shall pass a Speaking Order within eight(8) weeks of conclusion of the hearing(s). 7.[5] The speaking order shall be communicated within a week to the Petitioner under acknowledged postal service and e-mail.

8. The Writ Petition is accordingly disposed of with the aforesaid directions.

9. Needless to add, that in the event the Petitioner is aggrieved with the order passed by the Respondents, he may take appropriate steps albeit in accordance with the law. All rights and contentions of the parties are left open in this regard.