CWP No.19447 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.19447 of 2007 (O&M) DATE OF DECISION: April 3, 2008 THE GURDASPUR COOPERATIVE SUGAR MILLS ...PETITIONER LTD., GURDASPUR VERSUS THE ASSISTANT PROVIDENT FUND ...RESPONDENTS COMMISSIONER AND ANOTHER CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. PRESENT: MR. RAHUL SHARMA, ADVOCATE FOR THE PETITIONER. MR. RAJIV SHARMA, ADVOCATE FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) The challenge in the writ petition is to the orders (Annexure P-5) dated 7.9.2007 and Annexure P-6 dated 6.12.2007, whereby the petitioner has been held liable to pay an amount of Rs.38,48,455/- towards the employees provident fund. Written statement has been filed on behalf of the respondents wherein a preliminary objection has been raised that the impugned orders are appealable before the Provident Fund Appellate Tribunal, New Delhi under Section 7-I of the Employees Provident Fund Act. Counsel for the petitioner submits that at the time when the writ petition was filed the Appellate Tribunal was not functioning. It is submitted by the learned counsel that the petitioner has no objection in filing the appeal before the Appellate Tribunal, but till the same is CWP No.19447 of 2007 (O&M) -2- functional, coercive methods be not used for recovery of the amount due. After hearing counsel for the petitioner we dispose of the writ petition with a direction that the petitioner may file an appeal before the Provident Fund Appellate Tribunal, New Delhi. No recovery shall be effected from the petitioner in case the Tribunal is not functional. The appeal be filed by the petitioner within a period of six weeks from today. (ASHUTOSH MOHUNTA) JUDGE April 3, 2008 (KANWALJIT SINGH AHLUWALIA) Gulati JUDGE