Darsh Digital Network Private Limited v. The Employees Provident Fund Organization

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9294 of 2024 ====================================================== Darsh Digital Network Private Limited registered company having its registered office at 2, Suprabhat building, exhibition Road, Patna - 800001 through one of its directors namely Sushil Kumar male aged about 62 years son of Mahendra Roy resident of Mansarover Garden, Sundaram Apartment, Flat No. 303, Sinha Library Road, Near Board Office, Opposite President Hotel, Fraser Road, Patna - 800001.

... ... Petitioner/s

Versus

1.

The Employees Provident Fund Organization through the Commissioner, Bhavishya Nidhi Bhawan, 14, Bhikaji Cama House, New Delhi - 110066. 2.

The Commissioner, The Employees Provident Fund Organization, Bhavishya Nidhi Bhawan, 14, Bhikaji Cama House, New Delhi - 110066. 3.

The Regional Provident Fund Commissioner-II, Employees Provident Fund Organization, R-Block, Road No. 6, Bihar, Patna. 4.

The Assistant Provident Fund Commissioner (coordination), Employees Provident Fund Organization, R-Block, Road No. 6, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gautam Kumar Kejriwal, Adv.

For the Respondent/s :

Mr. Prashant Sinha, Adv.

Mr. Jai Prakash Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 26-11-2024 It is stated by the learned counsel appearing on behalf of the respondent authority has stated that the petitioner has already approached the Employee's Provident Fund Appellate Tribunal, Jharkhand by way of Appeal Case No. 16 of 2024 and, therefore, the present writ petition is not maintainable.

2. Learned counsel appearing on behalf of the petitioner has stated that as on date, there is no regular presiding officer sitting in Jharkhand and the appellate member of the

Patna High Court CWJC No.9294 of 2024(4) dt.26-11-2024 2/2 Bhubaneswar Bench is placed as incharge of the Jharkhand Bench and that he is not sitting regularly and taking up the matters.

3. Having regard to the above made submissions, the present writ petition is disposed of directing the Employee's Provident Fund Appellate Tribunal at Jharkhand to take up the matter as and when it is expedient to do so. Having regard to the fact that this Court vide order dated 28.06.2024 has granted interim directions to the respondents not to deduct the amount of Rs. 23,08,830/-. Till such time the appeal is finally decided, the interim orders granted by this Court shall continue to be in force.

4. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U