Bombay High Court

THE CENTRAL BOARD OF TRUSTEES, THRU THE ASSSISTANT P.F. COMMISSIONER (LEGAL)versusTHANE DISTRICT CENTRAL CO-OP BANK

Decided: 20 February 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The writ petition is disposed, with the respondent permitted to apply to CGIT‑I for a refund of the recovered amount.

Summary

The Central Board of Trustees, Employees Provident Fund Organization (the petitioner) filed a writ petition against Thane District Central Cooperative Bank (the respondent) seeking relief after a Central Government Industrial Tribunal (CGIT) order granted a waiver of the deposit of the assessed amount, subject to a 10% restriction. The petitioner had already recovered the entire amount from the respondent, as indicated by a prior coordinate bench order in Writ Petition No. 10648 of 2018. The court noted that, given the recovery, the respondent is entitled to apply to CGIT‑I for a refund of the amount. The court directed that CGIT‑I decide Appeal No. 93 of 2018 within eight weeks. Consequently, the writ petition was disposed without any costs.

Issues considered

Whether the respondent can seek a refund of the amount already recovered after the CGIT granted a waiver of deposit.
Whether the writ petition is maintainable after the amount has been recovered.

Subjects

Employees Provident Fund
waiver of deposit
refund
Central Government Industrial Tribunal
writ petition
recovery of amount

Judgment

                                                                                17-wp-1568-2021.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.1568 OF 2021

SHABNOOR              The Central Board of Trustees,
AYUB                  Employees Provident Fund Organization
PATHAN
Digitally signed by
                      Through the Assistant P. F.
SHABNOOR AYUB
PATHAN                Commissioner (Legal)                             … Petitioner
Date: 2026.02.20
14:40:01 +0530                   V/s.
                      Thane District Central                           … Respondent
                      Cooperative Bank

                      Mr. Sandeep Mishra, for the Petitioner.
                      Ms. Samiksha        Kanani   a/w       Gayatri    Naik,   for
                      Respondent.


                                                   CORAM       : AMIT BORKAR, J.

                                                   DATED       : FEBRUARY 20, 2026
                      P.C.:

                      1.      The order passed by the Coordinate Bench of this Court in a
                      similar matter, Writ Petition No. 10648 of 2018, indicates that the
                      entire amount has already been recovered from the contesting
                      respondent.

                      2.      The present petition arises out of a decision passed by the
                      Central Government Industrial Tribunal – I, Mumbai, admitting the
                      appeal and granting a waiver of the deposit of the assessed
                      amount, subject to a restriction of 10%.

                      3.      However, since the amount has already been recovered by
                      the petitioner, it shall be open to the contesting respondent to
                      apply before CGIT – I for a refund of the said amount.


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                                                        17-wp-1568-2021.doc


4.       The CGIT – I shall decide Appeal No. 93 of 2018 within eight
weeks from today, in accordance with the law.

5.       In view of the above, the writ petition stands disposed of. No
costs.


                                               (AMIT BORKAR, J.)




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