M/s CO- OPERATIVE MARKETING PROCESSING SOCIETY BEMETARA v. UNION OF INDIA
WPC/4351/2021 · 2025-07-24
Shri Rakesh Mohan Pandey
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33980 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33980 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:36278
NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPC No. 4351 of 2021 1 - M/s Co- Operative Marketing Processing Society Bemetara Through Its President Shri Taan Sen Patel S/o Shri Durga Patel Aged About 45 Years R/o Village Beter, Tehsil and District Bemetara Chhattisgarh. 2 - Sanjay Singh Thakur S/o Late Santosh Singh Thakur Aged About 54 Years Manager Cooperative Markeing Processing Society, R/o Durg Road, Bemetara District Bemetara Chhattisgarh.
... Petitioner(s) versus 1 - Union of India Through The Secretary, Ministry of Labour and Employment, Shastri Bhawan, New Delhi. 2 - Assistant Provident Fund Commissioner Regional office Block-D, Scheme-32, Indira Gandhi Commercial Complex, Pandri Raipur District Raipur Chhattisgarh.
... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners : Ms. Sharmila Singhai, Senior Advocate along with Ms. Kanchan Kalwani, Advocate For Respondent No.1 : Mr. Sumit Singh, Senior Panel Lawyer For Respondent No.2 : Mr. Ajay Kumar Dwivedi, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board 25.07.2025 Digitally signed by NADIM MOHLE
-2- 1) Learned counsel for the respondents submits that the order impugned is passed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, the Act of 1952) and same is appealable under the provisions of Section 7(I) of the said Act. It is further submitted that since there exists an efficacious alternative remedy, the present writ petition is not maintainable. 2) On the other hand, learned Senior Counsel appearing for the petitioner contends that under Section 16 of the Act, 1952, the Co-operative societies are exempted from the applicability of the Employees' Provident Fund contributions. It is also submitted that there is an interim order operating in favour of the petitioner. 3) Taking into consideration the fact that an efficacious alternative remedy is available to the petitioner, I do not find any good ground to keep the writ petition pending. Accordingly, the writ petition is dismissed. However, liberty is reserved in favour of the petitioner to prefer an appeal under Section 7(I) of the Act of 1952, preferably within a period of 30 days, along with an application for grant of interim relief and in turn, the appellate authority is directed to consider and decide the application for stay in accordance with law, within a stipulated time. 4) The interim relief granted earlier shall remain in operation for a further period of 60 days.
-3- 5) With the aforesaid observation and direction, this writ petition is hereby
disposed of. Sd/- (Rakesh Mohan Pandey) Judge NADIM