Patna High Court
Assistant Provident Fund ... vs M/S Magadh Alluminium Industries on 1 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15727 of 2008
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1. Assistant Provident Fund Commissioner through Ajay Kumar, Employee
Provident Fund Organisation, Regional Office, R. Block, Patna, P.S.-
Sachiwala, Distt.- Patna.
2. Central Board of Trustees, Employees Provident Fund through the Regional
Provident Fund Commissioner, Employees Provident Fund Organisation,
Regional Office, Bhawishyanidhi Bhawan, R-Block, Road No. 6, Bihar,
Patna- 800001.
... ... Petitioner/s
Versus
1. M/s Magadh Alluminium Industries through General Manager, at Khatangi
Kothi, Post- Buniyadganj, District- Gaya.
2. Presiding Officer, Employee Provident Fund Appellate Tribunal, New Delhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ravi Kumar, Advocate
For the Respondent No.1: Mr. Kumar Dhirendra Pratap Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA
ORAL JUDGMENT
Date : 01-12-2021
Heard learned counsel for the parties.
Admittedly, CWJC No. 5957 of 2009 came up for
hearing before this Court. After detailed hearing, the matter was
remanded to the Assistant Provident Fund Commissioner for
fresh consideration in accordance with law. The operative part
of the order dated 25th July, 2012, reads as under:
"The matter is remanded to the Assistant
Provident Fund Commissioner for fresh
consideration in accordance with law. The
respondent would produce all required
documents on which it was placing reliance, if
not already produced, before the Assistant
Provident Fund Commissioner within four
months from the date of receipt/production of
Patna High Court CWJC No.15727 of 2008 dt.01-12-2021
a copy of this order. In case the respondent
does not appear before the Assistant Provident
Fund Commissioner within the aforesaid time
with required documents, the latter would be
at liberty to decide the matter on the basis of
the materials on record.
With the aforesaid observations and
directions, this writ application stands
disposed."
In the instant application, learned counsel for the
petitioners has moved Interlocutory Application No. 01 of 2020
and placed the said order on record. His prayer is that in view of
the orders passed in the aforesaid writ petition, this petition
needs to be disposed off and remitted to the same authority i.e.,
the Assistant Provident Fund Commissioner.
Learned counsel for the respondents has only
objection to the effect that in view of the order dated 6 th
February, 2008, passed in ATA Nos. 223(3) of 2005 by the
Presiding Officer, Employees Provident Fund Appellate
Tribunal, New Delhi, (Annexure-2) whereby it was held that the
appellant was entitled to refund of the amount deposited
pursuant to the direction of the Tribunal, the amount needs to be
refunded to the respondent-establishment as the issue has, now,
to be determined afresh.
Learned counsel appearing for the petitioners is
agreeable to this proposal.
Patna High Court CWJC No.15727 of 2008 dt.01-12-2021
Under the circumstances, the order dated 22.08.2007
passed by the Presiding Officer, Employees Provident Fund
Appellate Tribunal, New Delhi, in ATA Nos. 223(3) of 2005
(Annexure-1) is hereby set aside and the matter is remitted to
the same authority for taking a decision afresh.
So far as the refund of the amount of Rs.80,000/- to
the respondents-establishment in the light of the order dated 6th
February, 2008 , passed in ATA Nos. 223(3) of 2005 by the
Presiding Officer, Employees Provident Fund Appellate
Tribunal, New Delhi, (Annexure-2) is concerned, the same
should be refunded to the respondent-establishment.
The writ petition as well as Interlocutory Application
No. 01 of 2020 stand disposed off in the aforesaid terms.
(Rajan Gupta, J)
J. Alam/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 08.12.2021
Transmission Date N/A
