Bombay High Court
M/S. BRIDGENEXT INDIA PVT. LTD. ( PREVIOUSLY KNOWN AS EMTEC TECHNOLOGIES PVT. LTD. )versusREGIONAL PROVIDENT FUND COMMISSIONER-I AND ANR
- Decided
- Disposal
- Disposed Off
Holding
No coercive steps shall be taken against the petitioner until the CGIT-II decides the stay application under Section 7-O of the EPF Act.
Summary
The petitioner, Bridgenext India Pvt. Ltd., filed a writ petition seeking relief because it could not file a stay application in an appeal before the Central Government Industrial Tribunal-II (CGIT-II) due to the vacancy of the Presiding Officer. The petition highlighted that the post was temporarily being handled by the Presiding Officer of CGIT Nagpur and that the petitioner had already deposited 25% of the ascertained amount. The court examined whether any coercive action could be taken against the petitioner before the CGIT-II decides the application under Section 7-O of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. The respondent counsel informed that the next camp sitting of CGIT-II was scheduled for 21-23 September 2026, during which the petitioner could press the stay application. Leaving the merits open, the court disposed of the writ petition without ordering any coercive steps.
Issues considered
- Whether the petitioner can be subjected to coercive steps before the CGIT-II decides the stay application under Section 7-O of the EPF Act
- Whether the vacancy of the Presiding Officer of CGIT-II affects the petitioner's right to file a stay application
Legislation cited
Subjects
- stay application
- Industrial Tribunal
- Employees' Provident Funds Act
- writ petition
- vacant presiding officer
- coercive steps
Judgment
Sonali Mane 27-WP-12177-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12177 OF 2026
M/S. Bridgenext India Pvt. Ltd.
(Previously Known As Emtec
Technologies Pvt. Ltd.) … Petitioner
Versus
Regional Provident Fund
Commissioner-I And Anr. … Respondents
Mr. Nikhil Dongre for Petitioner.
Mr. Manohar N. Rajput for Respondent No.1-RPFC.
Ms. Leena Patil for Respondent No.2-UOI.
CORAM : SANDEEP V. MARNE, J.
DATE : 16 SEPTEMBER 2026.
P.C. :
1) The limited grievance raised in the Petition is about inability
of the Petitioner to press application for stay in the Appeal preferred
before the Central Government Industrial Tribunal-II against Order
dated 2 March 2026.
2) It appears that the post of Presiding Officer, CGIT-II, is vacant
and is temporally being manned by the Presiding Officer of CGIT
MANE
SONALI Nagpur. The Petitioner has apparently deposited 25% of the ascertained
DILIP
Digitally signed by
MANE SONALI DILIP
Date: 2026.09.18
10:49:08 +0530
amount.
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16 September 2026
Sonali Mane 27-WP-12177-2026.docx
3) In that view of the matter, no coercive steps be taken against
the Petitioner till the application under Section 7-O of the Employees’
Provident Funds And Miscellaneous Provisions Act, 1952 is decided by
CGIT-II.
4) Learned counsel appearing for Respondent No.1-EPFO points
out that next camp sitting is likely to be held from 21 to 23 September
2026. The Petitioner shall press the stay application before CGIT during
the camp sitting. Leaving open all the contention on merits, the Writ
Petition is disposed of.
[SANDEEP V. MARNE, J.]
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16 September 2026
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