M/S Bihar State Handloom Handicrafts Corp. Ltd. v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7706 of 2025 ====================================================== M/S Bihar State Handloom Handicrafts Corp. Ltd. through Sri Shekhar Anand, Managing Director (Male, age 38 years), having registered office at Indra Bhavan, Fourth Floor, Boring Road, P.S. S.K. Puri, Dist. Patna. ... ... Petitioner/s
Versus
1.
The Union of India through the Secretary, Ministry of Labour and Employment, Shakti Bhawan, Rafi Marg, New Delhi. 2.
The Central Board of Trustees, Employees Provident Fund Organization, through The Regional Provident Fund Commissioner-II (Compliance and Recovery), Bhavishya Nidhi Bhawan, R-Block, Road No. 6, Patna-01. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amiya Kunal, Advocate.
For the Respondent/s :
Mr. Additional Solicitor General.
For the EPFO :
Mr. Prashant Sinha, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-09-2025 Heard learned counsel for the parties.
2. The present Writ Petition has been filed for the following reliefs:- "(i) For issuance of Writ in the nature of mandamus commanding the respondent no. 2 to unfreeze/release the lien created on the Account No.
055021010000092 with Union Bank of India, Indra Bhavan belonging to the petitioner which it operates to pay salary to its employees.
(ii) For issuance of order commanding the respondents to implement the mandate of section 8E of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.
Patna High Court CWJC No.7706 of 2025(2) dt.22-09-2025 2/3 (iii) For issuance of order holding the action of the respondent in freezing/attaching the above-mentioned account number as not complying with the mandates of section i.e. section 8E of the Employees Provident Fund & Miscellaneous Provisions, Act. 1952."
3. Learned counsel appearing on behalf of the petitioner submits that Appellate Bench at CGIT-2, Dhanbad is not functioning regularly and, therefore, the petitioner is unable to get his appeal heard. Learned counsel submits that as against the orders passed under Section 14B and 7Q of the EPF & MP Act, the petitioner has already filed appeal before the CGIT-2 at Dhanbad and the same are pending adjudication. That in the meanwhile, the Respondent-Bank was directed by the EPFO to freeze the account of the petitioner and the Bank has frozen the account. Learned counsel submits that that the petitioner left with no other alternative remedy has filed the present writ petition.
4. When queried by this Court, both the learned counsel for the petitioner as well as the learned standing counsel for the EPFO have submitted that the CGIT-1, Dhanbad is functioning regularly and it would suffice for the moment if a direction is given the CGIT-1, Dhanbad to take up the appeals which are pending before the CGIT-2, Dhanbad.
Patna High Court CWJC No.7706 of 2025(2) dt.22-09-2025 3/3
5. Having regard to the above, the CGIT-1, Dhanbad is requested to hear the appeal preferred by the petitioner herein as expeditiously as possible preferable within a period of twelve weeks from the date of the receipt of the copy of this order. The CGIT-1, Dhanbad shall endeavour to pass necessary orders in the Interlocutory Application filed by the petitioner along with the appeal immediately pending the disposal of the appeal. It is needless to mention that before passing any orders the petitioner as well as the Respondent-EPFO shall be put on notice and given an opportunity of hearing. Any order passed shall be communicated to the party.
6. With the above direction, the present Writ Petition stands disposed of.
(A. Abhishek Reddy, J) shakir/- U