Bombay High Court
SHUBHAM MAHILA VIKAS MANDALversusREGIONAL PROVIDENT FUND COMMISSIONER II
- Decided
- Disposal
- Disposed Off
Holding
The court stayed execution of the Section 7A order subject to a 25% deposit and disposed the writ petition, keeping the merits open for the CGIT appeal.
Summary
M/s. Shubham Mahila Vikas Mandal obtained a Section 7A order ascertaining Provident Fund dues and a Section 7B order rejecting its review petition. The petitioner appealed to the Central Government Industrial Tribunal (CGIT) under Order 23 of the Code of Social Security, 2020, claiming lack of a presiding officer and denial of a hearing on the enforcement officer's report. The High Court held that, since an alternative remedy was already pursued, the writ petition could not be entertained in full, but granted a conditional stay of the Section 7A order provided the petitioner deposited 25% of the ascertained amount within two weeks. The stay is effective pending the CGIT appeal, and the writ petition was disposed, leaving the merits of the case open for determination in the CGIT proceedings.
Issues considered
- The High Court's jurisdiction to entertain a writ petition when an alternative statutory remedy (CGIT appeal) is pending.
- Whether a stay of execution of a Section 7A order can be granted pending the CGIT appeal.
- Whether the rejection of the review petition without a hearing violates principles of natural justice.
Legislation cited
Subjects
- Provident Fund
- Section 7A
- Section 7B
- review petition
- natural justice
- stay of execution
- CGIT
- Code of Social Security
- writ petition
- alternative remedy
Judgment
Neeta Sawant 18-WP-11033-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11033 OF 2026
M/s. Shubham Mahila Vikas Mandal …..Petitioner
: Versus :
Regional Provident Fund Commissioner-II ….Respondent
__________________________________________________________________
Ms. Samiksha Kanani, for the Petitioner.
Mr. Gunjan Chaubey, for the Respondent.
__________________________________________________________________
CORAM : SANDEEP V. MARNE, J.
DATED : 24 AUGUST 2026.
P.C. :
1) Petitioner has suffered order under Section 7A ascertaining the
Provident Fund dues, as well as, the order passed under Section 7B of the
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
rejecting the Review Petition. Petitioner has now filed an Appeal before the
Central Government Industrial Tribunal (CGIT) under the provisions of
Order 23 of the Code of Social Security, 2020.
2) I have heard Ms. Kanani, the learned counsel appearing for the
Petitioner and Mr. Chaubey, the learned counsel appearing for the
Respondent-EPFO.
___________________________________________________________________________
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Monday, 24 August 2026
Neeta Sawant 18-WP-11033-2026.docx
3) In the light of alternate remedy being already exercised, there is
no warrant for this Court to entertain the present petition. However, Ms.
Kanani submits that no Presiding Officer is available in CGIT-I or II which is
preventing the Petitioner from seeking urgent interim reliefs. She invites
attention of this Court to communication dated 27 July 2026 by which
EPFO is attempting to enforce the order.
4) Ms. Kanani submits that the Petitioner did not receive an
opportunity to react to the report of the Enforcement Officer. She also
submits that the Review Petition is rejected without grant of opportunity of
hearing to the Petitioner.
5) Petitioner shall deposit with the Respondent-EPFO 25% of the
ascertained amount within a period of 2 weeks. Subject to the deposit being
made, there shall be stay to the execution of Section 7A order during
pendency of the Appeal before the CGIT. The Writ Petition is accordingly
disposed of.
6) All contentions of the parties on merits are expressly kept open.
Digitally
signed by
NEETA
NEETA SHAILESH SANDEEP V. MARNE, J.
SHAILESH SAWANT
SAWANT Date:
2026.08.25
08:58:54
+0530
___________________________________________________________________________
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Monday, 24 August 2026
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