1 M/s Hotel Om Palace vs. Asstt. Provident Fund Commissioner & Ors. W.P. No.11424/2010 01.09.2010 Shri Sanjay Agrawal, learned counsel for the petitioner. Shri J. K. Pillai learned counsel for respondent no.1, on
Caveat.
Heard on the question of admission and interim relief.
The petitioner has filed this petition being aggrieved by order
dated 18.5.2010 passed by respondent no.1 imposing liability upon
the petitioner in respect of the dues required to be paid under the
provisions of the Employees Provident Funds and Miscellaneous
Provisions Act, 1952 (hereinafter referred to as ‘the Act’).
Admittedly, the impugned order is appealable under the
provisions of section 7(i) of the Act and as this Court does not sit as
an appellate authority or deal with the disputed questions of fact,
the petition filed by the petitioner is disposed of with liberty to the
petitioner to approach the appellate authority by filing an appeal as
envisaged under the Act alongwith an application for interim relief.
It needs no emphasis to state that in case the petitioner does
so, the appellate authority shall consider and decide the appeal
filed by the petitioner on merits and shall dismiss it only on account
of limitation.
With the aforesaid liberty and observation, the petition filed
by the petitioner stands disposed of.
C.C as per rules.
( R. S. JHA )
JUDGE
mms/-