M/s. IL & FS Engineering & Construction Company Ltd vs APFC/RPFC Gurugram on 5 October 2026

**BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 2 DELHI;**

**Appeal No. D-2/27/2022 & D-2/29/2022**

M/s. IL & Fs Engineering & Construction Company Ltd .....Appellant

Through:- Sh. Raj Kumar, counsel & Sh. Abhishek Singh, manager Legal for the appellant.

Vs.

RPFC/APFC, Gurugram .....Respondent

Through:- Sh.B.B. Pradhan, Ld. counsel for the Respondent.

**Order Dated:-05.10.2026**

These are the two appeals filed by the appellant having separate EPF code numbers against two different orders passed by the respondent under section 7A of the EPF & MP Act, 1952 (hereinafter referred as 'the Act') whereby respondent has assessed dues to the tune of Rs.3,41,70,240/- (for the period 09/2013 to 01/2019) and Rs. 1,41,33,854/- (for the period 05/2014 to 03/2019) respectively.

The appellant seeks time stating that he has filed a LPA against the order dated 13.07.2026 as well as 17.09.2026 passed by Hon'ble Justice Manoj Kumar Ohri. He submits that matter is likely to be listed within a day or two.

Record perused. The predecessor of this tribunal had directed the appellant to deposit 25% of the assessed amount vide order dated 29.08.2022 while disposing an application filed under section 7 O of the Act. That order had not been complied because the appellant had chosen to file a writ petition against those orders.

On 13.07.2026, the writ petition was disposed of by reducing the amount from 25% to 10% of the assessed amount considering the fact that the revival scheme is pending before the NCLT. It was D-2/27/2022 & D-2/29/2022


also observed in that order that the counsel Sh. S.K. Gupta appearing before the Hon'ble Delhi High Court submitted on instruction that the appellant is ready to deposit 10% of the assessed amount. Appellant was given time for depositing the amount within eight weeks from the date of passing of that order.

However, instead of complying the order dated 13.07.2026, the appellant had filed an application for modification of the order on the ground that earlier counsel representing the appellant did not have clear instructions in the matter. The application was dismissed by Hon'ble Justice Manoj Kumar Ohri on 17.09.2026.

It is very surprising to note that the counsel who after taking instruction had stated before Hon'ble Delhi High Court to reduce the amount have been appearing before this tribunal and the appellant establishment has engaged another counsel to move the application for modification of the order as well as filing of LPA which is yet to be listed.

From the above circumstances, it appears that the appellant is not intended to comply with the order passed by this tribunal as well as the modified order passed by Hon'ble Delhi High Court and want to gain the time. Before entertaining any appeal condition of pre-depositing the 75% of the assessed amount is required to be fulfilled, however, this tribunal is empowered to reduce or waive of the condition of pre-deposit. Since, the order passed by the High Court has not been complied within the time limit, these appeals stands dismissed. Copy of this order is sent to both the parties through email as well as whatsapp. Consign the record in the record room as per rules.


**CERTIFIED COPY**

(Atul Kumar Garg)

Presiding Officer

D-2/27/2022 & D-2/29/2022

Secy to the Court CIT Cum Labour Court-II Room No. 208, Second Floor, Rouse Avenue District Court Complex New Delhi-110002