C/SCA/13378/2024 ORDER DATED: 01/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13378 of 2024 ================================================================ M/S UNITY HOSPITAL Versus CENTRAL BOARD OF TRUSTEES EMPLOYEES PROVIDENT FUND ORGANIZATION & ANR. ================================================================ Appearance: MR PRIT U SHAH(11054) for the Petitioner(s) No. 1 MS NIDHI M SHETH(11043) for the Petitioner(s) No. 1 MR PATHIK M ACHARYA(3520) for the Respondent(s) No. 1,2 ================================================================ CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 01/12/2025 ORAL ORDER 1. The present petition is led under Article 226 of the Constitution of India praying stay on implementation and execution of the order passed by the Assistant Provident Fund Commissioner, Vadodara dated 19.02.2024 under section 7A of the Employees Provident Fund and Misc. Provisions Act, 1952 and also challenged various recovery notices issued by the PF Department pursuant to passing said order by the Assistant PF Commissioner on 19.02.2024 on the ground that learned C.G.I.T is not available at present and present petitioner has already led EPFO Appeal being No.25 of 2025 (Annexure-D) and in absence of Presiding O2cer of learned C.G.I.T., the application which is preferred under section 7(o) for waiving the pre-deposit would remain undecided. 2. Learned advocate Mr. Prit U. Shah submits that if this order is not stayed then on completion of 15 days from the date of issuance of the order, recovery proceedings would be initiated and coercive steps against the present petitioner would likely to be taken. Learned C/SCA/13378/2024 ORDER DATED: 01/12/2025 advocate Mr. Shah submits that it may cause hardship to the present petitioner. 3. On the other hand, this petition is opposed by learned advocate Mr. Pathik Acharya. Learned advocate Mr.Pathik Acharya submits that as per his instructions the presiding o2cer of Jaipur Branch has been given the charge and he was visiting twice in a month upto the last month, however, thereafter charge was also not extended further. Learned advocate Mr. Pathik Acharya submits that he is required to show some bonade by depositing the amount which is required for ling the appeal before the learned tribunal. Learned advocate Mr. Pathik Acharya submits that in absence of any deposit no relief can be granted to the present petitioner as learned tribunal would also be not in possession in absence of deposits except coming to the conclusion that application under section 7(o) is required to be granted. In view of the above, learned advocate prays to dismiss this petition. 4. Considering the submission made by learned advocate Mr. Prit Shah and the decision in SCA No.6511 of 2022, relied by the learned advocate for the petitioner wherein, in the similar situation this Court has disposed of the matter by protecting the petitioner from coercive steps till the decision of the appeal. In view of the above, this petition is allowed with following directions: (a) The petition is disposed of in view of non availability of the Central Government Industrial Tribunal, Ahmedabad, wherein the appeal is led by the petitioner. (b) It is claried that till the application under section 7(o) of the petitioner is heard on merits, the respondents are directed not C/SCA/13378/2024 ORDER DATED: 01/12/2025 to take coercive steps against the petitioner. It is further claried that this Court has not examined the matter on merits and since the Appellate Tribunal is not available on regular basis, the matter is disposed of in the aforesaid terms. (c) It is claried that the interim relief restraining the respondents from taking coercive steps will operate till the Tribunal hears the application under section 7(o). 5. The petition is disposed of, accordingly. Direct service is permitted. (HEMANT M. PRACHCHHAK,J) Dolly Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 02/12/2025 17:37:07