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  1. Home/
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  3. High Court Of Chhattisgarh/
  4. 2024/
  5. January

M/s Shri Jai Baba Steel Private Limited vs. Employees Provident Fund Organization

Decided on 31 January 2024• Citation: WPL/35/2024• High Court of Chhattisgarh
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                                                                       1  1         
                                                                  Page  of          
                                                                      NAFR          
                            HIGH COURT OF CHHATTISGARH, BILASPUR                    
                                       WPL No. 35 of 2024                           
                  M/s Shri Jai Baba Steel Private Limited, Through The Director Shri
                  Purshottam Agrawal Aged About 49 Year S/o. Late Murari Lal Agrawal R/o.
                  20/A, Heavy Industrial Area, Hathkhoj, Bhilai, District Durg Chhattisgarh.
                                                                 --- Petitioner     
                                           Versus                                   
                  1.   Employees Provident Fund Organization Through Its Assistant  
                       Provident Fund Commissioner (C.C.-I), Blcok D Scheme No. 32, 
                       I.G.V. Parisar, Pandir, Raipur, District : Raipur, Chhattisgarh
                  2.   Area Enforcement Officer Employees Provident Fund Shri Gopal 
                       Prasad Dewangan C/o. EPF Organization, Regional Office, Raipur
                       District Raipur Chhattisgarh.                                
                                                              --- Respondents       
                  For Petitioner     :    Mr. Damrudhar Yadav, Advocate.            
                  For Respondents    :    Mr. Sunil Pillai, Advocate.               
                             Hon'ble Shri Justice Narendra Kumar Vyas               
                                        Order on Board                              
                  31/01 /2024                                                       
                  1.   The petitioner has filed the present writ petition under Article 226 of
                       the Constitution of India challenging the order dated 28.06.2023
                       passed by respondent No.1 under Section 7A of the EPF Act by 
                       which the respondent has assessed PF dues.                   
                  2.   This is an appealable order, therefore, the petitioner has remedy to
                       prefer an appeal before the Tribunal as constituted under Section
                       7D of the EPF Act. The Central Government has notified the Central
                       Government Industrial Tribunal, Jabalpur cum Labour Court as 
                       Tribunal under the EFT Act to decide the appeal.             
                  3.   Record of the case would show that the order was passed on   
                       28.06.2023 as such if the petitioner preferred an appeal within 30
                       days from the date of receipt of the copy of the order neither the
                       respondent nor the Tribunal shall take plea of limitation and shall
                       decide the appeal in accordance with the law. It is made clear, that
                       this Court has not expressed any opinion on the merit of the case.
                  4.   Accordingly, the present writ petition is disposed of with the
                       aforesaid liberty.                                           
                                                             Sd/-                   
                                                     (Narendra Kumar Vyas)          
                                                             Judge                  
          Arun