M/S South Coast Restaurant v. The Union of India and 6 Ors

ORDER

23.10.2024

Heard Mr. Y.S. Mannan, learned counsel for the petitioner and Mr. P.K. Roy, learned Senior Counsel for the respondent nos.2 to 7. Page No.# 3/3 It is the case of the petitioner that pursuant to a proceeding under the Act for non remission of statutory dues for the period April, 2019 to March, 2022, the impugned Recovery Certificate has been made. The petitioner also claims to have preferred an appeal under Section 7A of the EPF and MP Act along with a petition for condonation of delay which however is yet to be considered. It is informed that the said Tribunal is presently not having a Presiding Officer for which the appeal has not been considered. The counsels for the parties submit that subsequent to the filing of the writ petition, the appeal filed by the petitioner before the Appropriate Authority, vide EPF(A) 03/2024 has been taken up and the appeal proceedings are pending before the Appellate Authority. Further, protection has been given to the writ petitioner by the Appellate Authority as on date. The counsels for the parties thus submit that the present writ petition has become infructuous. In view of the submissions made by the counsels for the parties, the writ petition is closed as infructuous.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010184282024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4605/2024o M/SoSOUTHoCOASToRESTAURANTo H/NO.o556,oSARITAoCOMPLEX,oCHRISTIANoBOSTI,oG.S.oROAD,oGUWAHATI- 781005,oREPRESENTEDoBYoITSoPROPRIETORoSHRIoSUMIToBERIAo@oSUMITo KUMARoBERIA. VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoLABOURoANDo EMPLOYMENT,oGOVT.oOFoINDIA,oBHABISHYAoNIDHIoBHAWAN,14,oBHIKAJI CAMAoPLACE,oNEWoDELHI-110066. 2:THEoEMPLOYEESoPROVIDENToFUNDoORGANIZATION oMINISTRYoOFoLABOURoANDoEMPLOYMENT oGOVT.oOFoINDIA oBHABISHYAoNIDHIoBHAWAN oBHIKAJIoCAMAoPLACE oNEWoDELHI-110066. 3:THEoEMPLOYEESoPROVIDENToFUNDoORGANIZATION oREGIONALoOFFICE oNEoREGION oG.S.oROAD oBHANGAGARH oGUWAHATI-781005 oREPRESENTEDoBYoTHEoPROVIDENToFUNDoCOMMISSIONER. 4:THEoASSISTANToPROVIDENToFUNDoCOMMISSIONER oEMPLOYEESoPROVIDENToFUNDoORGANIZATION oREGIONALoOFFICE oNORTHoEASToREGION Page No.# 2/3 G.S. ROAD BHANGAGARH GUWAHATI-781005. 5:ENFORCEMENT OFFICER EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE NORTH EAST REGION G.S. ROAD BHANGAGARH GUWAHATI-781005. 6:ASSESSING OFFICER EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE NORTH EAST REGION G.S. ROAD BHANGAGARH GUWAHATI-781005. 7:RECOVERY OFFICER EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE NORTH EAST REGION G.S. ROAD BHANGAGARH GUWAHATI-781005 Advocate for the Petitioner : MR. Y S MANNAN, MR M GARODIA,MS N DEKARAJA,MS R BEGAM Advocate for the Respondent : DY.S.G.I., MR. S K CHAKRABORTY(R-2 TO 7),MR. P K ROY (R- 2 TO 7) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA