Kalyan Dombivli Municipal Corporation v. The Regional Provident Fund

petition was argued for sometime, Counsel appearing on behalf of the Petitioner has stated before the Court that the Petitioner is advised to file an appeal under the provisions of the Act before the Appellate Authority and prayed that this petition may be disposed of keeping open all the rights and contentions of the parties in the appeal. In the affidavit in reply filed by the First and Second Respondents, it has been stated that the employees of the establishment have not made any representation to the employer for waiver of their share contribution. In the circumstances, Counsel appearing on behalf of the Petitioner also prayed that liberty may be granted to submit a representation on that issue. It would be open to the Petitioner to submit a representation to the First and Second Respondents. The representation, if made, shall be considered in accordance with law.

This petition is accordingly disposed of on the request of Counsel appearing on behalf of the Petitioner, granting leave to the Petitioner to file an appeal under the provisions of the 4 Employees' Provident Funds and Miscellaneous Provisions Act, 1952 before the Appellate Authority. Having regard to the fact that a substantial part of the assessed dues has already been recovered by the First and Second Respondents, we direct that the appeal shall be heard and disposed of without requiring the Petitioner to pay the balance of the assessed dues of Rs.11,95,655.17 in respect of the subject matter of the impugned demand. The appellate authority shall dispose of the appeal on merits, and the Respondents shall not raise the bar of limitation if an appeal is filed within a period of six weeks. The petition is accordingly disposed of. .....