EPFO head challenges arrest warrant, HC to hear it tomorrow

EPFO's Central Provident Fund Commissioner Tuesday challenged an arrest warrant issued against him by the Employees' Provident Fund Appellate Tribunal in the Delhi High Court which refrained from passing any interim orders.

Justice V P Vaish adjourned for tomorrow the application of Employees' Provident Fund Organisation's (EPFO) head, V P Joy, who has sought a stay of the arrest warrant issued against him by the Tribunal for not appearing before it.

The Tribunal had on May 2 issued a fresh arrest warrant against Joy in a case related to Dentsu Marcom Pvt Ltd's petition against an assessment order passed by one of the Assistant Provident Funds Commissioners.

Initially, the Tribunal had on April 22 issued an arrest warrant against Joy but he got a stay from the Delhi High Court with the undertaking that he would appear before the Tribunal on May 2.

However, Joy failed to appear before the Tribunal.

"Considering all the circumstances of the case, fresh warrant of arrest against Central Provident Fund Commissioner (CPFC), to be executed by Station House Officer of Preet Vihar police station, New Delhi, be issued duly returnable on May 5, 2016 (after the de-notified date of hearing that is fixed before the High Court of Delhi)," the Tribunal had said in its May 2 order.

Seeking stay of the May 2 order, Joy told the court that he was represented by his counsel, still such an order was passed against him.

The court, however, refrained from passing any order, saying the application for stay is not before it so the matter will be heard tomorrow.

To this, the counsel for the Tribunal told the court that in pursuance of the May 2 warrant Joy has to appear before it tomorrow.

The court said "I am not saying anything, come tomorrow."

The Tribunal also contended that since he has given an undertaking to appear before it, so fresh warrant was issued over his non-appearance.

The counsel also said that the Commissioner was only protected from not being arrested as he was to appear in person.

"The writ petition filed by petitioner (CPFC) is not maintainable," the Tribunal's counsel also said.