Jharkhand High Court
Deepak Choudhary vs Regional Provident Fund Commis on 4 July, 2012
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C). No. 315 of 2006
Deepak Choudhary ......... Petitioner
Versus
The Regional Provident Fund Commissioner & others ... Respondents
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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : Mr. N.K.Pasari, Advocate
For the Respondents(1,2,&3) : Mr. P.P.N.Roy, Sr. Advocate
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03 /04.07.2012Heard the counsel for the parties.
The controversy raised in the writ petition can be set at rest at this moment by allowing the petitioner to avail the alternative statutory remedy. However, petitioner is still in dark regarding the order passed by the competent authority under the Employees' Provident Fund & Miscellaneous Provision Act,1952, which is required to be challenged before the higher forum, as no such copy of the order has been served upon him till date inspite of twice coming before this court.
However, learned counsel for the respondent- E.P.F.O submitted that the copy of the order passed under Section 7 of the Act of 1952 will be served upon the petitioner and for that he can approach the regional office at Ranchi within a period of two weeks or any working day.
In view of the undertaking given by the E.P.F.O, petitioner is at liberty to approach the regional office of the E.P.F.O. at Ranchi within the aforesaid time and as per the undertaking given by E.P.F.O, he can get the copy of the order under which the alleged liability arises and, thereafter, the petitioner can avail the alternative statutory remedy under the Act of 1952 by filing application before the competent authority.
It has been pointed out by learned counsel for the petitioner that by order dated 20th January, 2006 an interim order was passed by this court that no coercive steps shall be taken against the petitioner and petitioner is being protected till date on the basis of such order. However, petitioner is apprehending that in the meantime when the application is filed challenging the impugned order for consideration before the appropriate competent authority, the respondents may proceed against him by taking coercive steps.
In that view of the matter, liberty is granted to the petitioner to approach the competent authority availing the alternative statutory remedy under the Act of 1952 within a period of one week of obtaining the copy of the order from the regional office of E.P.F. Organization as stated above and if the said application is made before the competent authority the question relating to the grant of interim protection shall be taken by the appropriate authority expeditiously and not later than one week of filing of such application / appeal. Till then no coercive steps shall be taken against the petitioner.
With the aforesaid observation, this application is disposed of.
(Aparesh Kumar Singh, J.) A. Mohanty