Zahir Ahmad v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3932 of 2015 ====================================================== Zahir Ahmad son of Late Khalique Ahmad Resident of Mohib Ali Chakj , P.O. & P.S. Habibpur, District Bhagalpur.-813113 .... .... Petitioner/s
Versus
1. The Union of India ,through the Secretary Ministry of Labour Government of India, New Delhi.
2. The Accounts Officer, Employee's Provident Fund Organization, resident of Regional office 6th Floor, Vardhan Commercial Complex, MIDC , Wagle Estate, Thane- 400604
3. The Provident Fund Commissioner, Sub Regional Office, Bhagalpur
4. The Assistant Provident Fund Commissioner , Sub Regional Office, Bhagalpur.
5. Mac Laboratories Ltd. resident of Kirol Vidyavihar(W) , Mumbai400086. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Kamil Akhtar For the Respondent/s : Mrs. Kanak Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2015 Despite the fact that the case was adjourned for filing counter affidavit on the prayer made by Smt. Kanak Verma, learned Central Government Counsel, till date no counter affidavit has been filed.
Learned counsel for the petitioner confines his prayer for disposal of the writ petition to the extent of directing the Provident Fund Commissioner, Bhagalpur/ respondent no. 3 to dispose of the representation filed by the petitioner i.e. Annexure - "8" to the supplementary affidavit.
In view of submission made by learned counsel for the
Patna High Court CWJC No.3932 of 2015 (5) dt.19-08-2015 2/2 petitioner, the court is of the opinion that there is no difficulty in disposing of the writ petition even in absence of counter affidavit. Accordingly, the writ petition stands disposed of granting liberty to the petitioner to file a fresh representation before the Provident Fund Commissioner, Bhagalpur. If fresh representation is filed within a period of six weeks from today, the respondent no. 3 is required to examine the same and pass appropriate order in accordance with law preferably within a period of three months from the date of receipt /production of a copy of this order. It is made clear that this court has not recorded any opinion on the merit of the case.
(Rakesh Kumar, J) Praful/- U