Orissa High Court
Prakruti Bhushan Ray & vs Employees Provident on 5 February, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC No.7796 of 2022
Prakruti Bhushan Ray & .... Petitioners
another
Mr. N.K. Mishra, Sr. Advocate
-versus-
Employees Provident
Fund Organization and
others .... Opposite Parties
Mr. S.S. Mohanty, Advocate
Mr. S. Palit, Senior Advocate
CORAM: JUSTICE V. NARASINGH
ORDER
05.02.2025
Order No.
03. 1. Heard Mr. Mishra, learned Senior Advocate
being assisted by Mr. Kejriwal, learned counsel for the
Petitioners, Mr. Mohanty, learned counsel for the EPF
Organization and Mr. Palit, learned Senior Advocate
being assisted by Mr. Mohanty, learned counsel for
the Opposite Party No.4.
2. This writ petition has been filed assailing the
summons issued by EPF authority vide Annexure-8.
3. Learned Senior Counsel for the Petitioners
submits that by order dated 21.11.2012 the order
under Section 7-A of the Employees' Provident Funds
and Miscellaneous Provisions Act, 1952 was passed.
Assailing the same, review application was filed which
was dismissed by order dated 1.1.2016 at Annexure-
3. And, assailing the same, the Petitioner moved this
Court in WP(C) No.404 of 2016 and by judgment
dated 22.4.2019, this Court set aside the order
rejecting the review and remitted the matter back to
the Regional Provident Commissioner (C&R),
Bhubaneswar for hearing of the review on merits and
while doing so, it was further directed that the same
shall be subject to deposit of at least 25% of the
amount under demand.
4-A. It is apt to note here that such direction for
payment of 25% under demand was assailed in intra
court appeal. By order dated 21.06.2021 in W.A
No.244 of 2019, the direction to deposit the amount
by the learned Single Judge was set aside and the
order passed by the learned Single Judge was
accordingly modified.
5. Admittedly the review application which was
remitted to the authority in terms of the order passed
by the learned Single Judge is still pending.
6. It is submitted by the learned counsel for the
Organization that the Petitioner is not appearing in
the said review petition for which summons had been
issued, which is impugned herein.
7. Such contention is refuted by the learned
Senior Counsel appearing for the Petitioners on
instruction.
8. Be that as it may, taking into account that it is
agreed at the Bar that the review application is
pending for consideration on merit, to cut short the
further delay and balancing the interest of the parties
inter se it is directed that the Petitioners or their
authorized representatives shall appear before the
reviewing authority on 28.02.2025 to receive further
instruction in the matter.
9. Since the review application is pending from
2022 endeavour shall be made to dispose of the same
expeditiously and the parties before this Court have
assured that they will extend necessary cooperation
in the said regard.
10. The writ petition is accordingly disposed of.
(V. NARASINGH)
Judge
PKS
Signed by: PRADEEP KUMAR SWAIN
Location: Orissa High Court, Cuttack
Date: 07-Feb-2025 12:08:40
