M/S KISAN SAHKARI CHINI MILLS LTD. v. EMLPOYEES PROVIDENT FUND APPELLATE TRIBUNAL CGIT AND 3 OTHERS
WRIC/17261/2025 · 2025-05-26
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62972 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62972 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:90276 Court No. - 33 Case :- WRIT - C No. - 17261 of 2025 Petitioner :- M/S Kisan Sahkari Chini Mills Ltd. Respondent :- Emlpoyees Provident Fund Appellate Tribunal Cgit And 3 Others Counsel for Petitioner :- Devesh Tripathi,Sandeep Pandey,Sunil Kumar Tripathi Counsel for Respondent :- Jagdish Pathak,Satish Chaturvedi Hon'ble Prakash Padia,J.
1. Against the order dated 25.03.2025 passed by the Employees' Provident Fund Organisation statutory appeal was filed by the petitioner before the Employees' Provident Fund Appellate Tribunal/Central Govt. Industrial Tribunal cum Labour Court, Kanpur as provided under 7 (I) of The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 on 13.05.2025. Along-with the said appeal an application was also filed for stay of enforcement of order dated 25.03.2025 passed by Employees' Provident Fund Organisation.
2. It is stated in para-4 of the writ petition that a recovery certificate along-with attachment order was issued by the respondent bank.
3. It is argued by counsel for the petitioner that till the time appropriate order is passed by the appellate authority on the appeal filed by the petitioner the respondents be restrain to initiate any coercive action against the petitioner.
4. Heard learned counsel for the petitioner, Sri Jagdish Pathak,
learned counsel for the respondents no.2 & 3 and Sri Krishna Agrawal, learned counsel for the respondent no.4.
5. From perusal of the record it is clear that statutory appeal has already been preferred by the petitioner before the appellate authority as per Section 70-I of the Act, 1952, which is pending
consideration.
6. In this view of the matter and also in the interest of justice, petitioner is permitted to file stay application in the appeal along- with certified copy of this order within two weeks from today. If it
is so the appellate authority is directed to pass appropriate orders on the stay application filed in the appeal most expeditiously and preferably within six weeks, thereafter.
7. For a period of two months or till the time order is passed in stay application, whichever is earlier, no coercive action shall be taken against the petitioner.
8. With the aforesaid observations, present writ petition is disposed of.
Order Date :- 27.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad