- (1.) In this writ petition, the Life Insurance Corporation of India has challenged the order dated March 11, 2019 issued by the Assistant Provident Commissioner and Assessing Authority, Employees' Provident Fund Organisation, the respondent no. 4 herein, under Section 8F (3)(iv) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "the Act"). By the impugned order, the respondent no. 4 has sought to recover an amount of Rs. 47,63,723/- from the respondent no. 6, the banker of the writ petitioner, on account of their dues fixed by the order dated July 31, 2018 passed by the respondent no. 3 under Section 7A of the Act. The writ petitioner had filed an application under Section 7B of the Act of 1952 for review of the said order dated July 31, 2018 it appears that the writ petitioner had filed an application under Section 7(3) of the Act for review of the said order dated July 31, 2018 which was rejected by the respondent no. 3 by order dated January 31, 2019. Thereafter, the writ petitioner carried both the said orders dated July 31, 2018 and January 31, 2019 passed by the respondent no. 4 in appeal, under Section 7-I of the Act before the appellate authority. However, it is the case of the petitioner that the post of the Presiding Officer of the appellate authority is lying vacant for sometime and as such, they were unable to obtain any order of stay of operation of the said orders passed by the respondent no. 3. In the meantime, the respondent no. 4 has issued the impugned order dated March 11, 2019 under Section 8F(3)(iv) of the Act for recovery of the said sum of Rs. 47,63,723/- and render the appeal filed by the petitioner infructuous.
(2.) From the affidavit-of-service filed by the petitioner, it appears that copies have been served upon the respondent nos. 1 to 4, Provident Fund Authorities, as well as respondent no. 6, Bank. Let, the said affidavit-of- service filed by the petitioner be kept on record. However, none appears on behalf of the said respondents to oppose this application.
(3.) Considering the facts of the case when the appellate authority, constituted by the Central Government under Section 7-I of the Act 1952 is not functioning, I find petitioner is entitled to have some protection from this Court so that their appeal against the said orders dated July 31, 2018 and January 31, 2019 passed by the respondent no. 3 is not rendered infructuous. Accordingly, there shall be an order restraining the respondent nos. 1 to 4 and each of them from taking any step to recover of the said amount of Rs. 47,63,723/- from the petitioner insurance company till disposal of the appeal, being Appeal No. 02 of 2019, pending before the appellate authority under Section 7-I of the Act. There shall also remain stayed of operation of the order dated March 11, 2019, being Annexure-'P/6' to the writ petition, till disposal of the said appeal, Appeal no. 02 of 2019.;