WPMS/2885/2014 of M/s Devrishi Educational Scociety Vs Union Of India AND OTHERS on 24 December 2014

WPMS No.2885 of 2014

Hon’ble V.K. Bist, J.

Mr. P.R. Mullick, Advocate for the petitioner.

Mr. Ajay Singh Bisht, Standing Counsel for Union of India/respondent no.1.

Mr. D.S. Patni, Advocate for the

respondent no.2.

Mr. Anil Kumar Joshi, Additional

Chief Standing Counsel for the State of Uttarakhand/respondent nos.3 to 5.

Heard learned counsel for the parties.

Present petition has been filed by the petitioner for the following reliefs:

“(i) an appropriate writ, order or direction, in the nature of mandamus for impleading the respondent nos.3, 4 and 5, as necessary parties in the proceedings vide summons dated 19.03.2014 (Annexure –3), initiated by respondent no.2 for recovery of penalty, namely, interest u/s 7Q and damages u/s 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

(ii) to order refund of Rs. 1,71,000/- deposited by the petitioner, covering the interest and damages for the period from 01.04.2006 to 31.03.2008, which was finalized by the respondent no.2 in his order dated 22.06.2009.

(iii) pass any other order/orders, in interest of natural justice and fair play.”

Learned counsel for the petitioner submitted that though an application for the impleadment of the respondent nos.3, 4 and 5, in the proceedings started in pursuance of summons dated 19.03.2014, was filed by the petitioner before the respondent no.2, but no decision has yet been taken on the said application. He prayed that direction may be issued to the respondent no.2 to decide the said pending application of the petitioner at the earliest. Mr. D.S. Patni, Advocate for the respondent no.2 submitted that in case such application is pending, the same shall be decided at the earliest in accordance with law.

Considering the submission advanced by the learned counsel for the parties, the writ petition is disposed of with a direction to the respondent no.2 to decide the pending application of the petitioner for the impleadment of respondent nos.3, 4 and 5 in the proceedings pending before the respondent no.2 within a period of four weeks from the date of production of certified copy of this order.

Stay application also stands disposed

of.

Arpan

(V.K. Bist, J.)

24.12.2014