Supreme Court: In a special leave petition filed by Federation of All India EPF Staff (‘Federation’) against the judgment passed by the Delhi High Court, wherein the Court while issuing notice, has directed that the appointments of the Assistant Provident Fund Commissioners pursuant to the Special Advertisement would remain subject to the outcome of the writ petition, the vacation division bench of Abhay S. Oka and Rajesh Bindal, JJ. while dismissing the special leave petition, on account of suppression of material facts, directed the Federation to pay costs quantified at Rs.25,000/- to the Delhi State Legal Services Authority (‘DSLSA’) within a period of four weeks from the date of this order.
Background:
The Federation, being aggrieved of the order dated 13-02-2024 passed by the Central Administrative Tribunal has preferred a writ petition before the Delhi High Court. An application for stay of the order dated 13-02-2024 passed by the Central Administrative Tribunal was made by the Federation. Another relief sought in the application was that 159 posts of the Assistant Provident Fund Commissioner should not be filled in based on the draft rules.
Court’s order
The Court noted that the Federation had preferred an appeal before the Supreme Court without disclosing the material fact that an application filed before the High Court by the Federation in the matter had been dismissed, and even the order dated 3-05-2024 passed on the said application was suppressed.
The Court said that in any case, the impugned order passed by the Delhi High Court adequately protects the interests of the Federation as all the appointments have been made subject to the outcome of the pending Writ Petition.
Thus, the Court while dismissing the special leave petition, said that on account of suppression of material facts, directed the Federation to pay costs quantified at Rs.25,000/- to the DSLSA within a period of four weeks from the date of this order.
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