Bihar State Hydro Electric Pow v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17841 of 2011 ====================================================== Bihar State Hydro Electric Power Corporation Through Its Managing Director. Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna-1, Bihar .... .... Petitioner/s

Versus

1. The Union Of India Through The Secretary Ministry Of Labour Government Of India, New Delhi

2. The Secretary, Ministry Of Labour, Government Of India, New Delhi

3. Employees' Provident Fund Commissioner, Employees' Provident Fund Organization (Ministry Of Labour, Government Of India) 14, Bhikaji Cama Palace, New Delhi-110066

4. Regional Provident Fund Commissioner, Employees' Provident Fund Organization (Ministry Of Labour, Government Of India) Regional Office, Bhavishyanidhi Bhawan, R. Block, Road No. 6, Patna- 800001

5. Assistant Provident Fund Commissioner, Regional Office, R.Block, Road No. 6, Patna (Bihar)

6. Assistant Provident Fund Commissioner (Compliance), Employees' Provident Fund Organization (Ministry Of Labour, Government Of India) Regional Office, R.Block, Road No. 6, Patna (Bihar)

7. Enforcement Officer & Inspector, Employees' Provident Fund Organization (Ministry Of Labour, Government Of India) Regional Office, Bhavishyanidhi Bhawan, R. Block, Road No. 6. Patna (Bihar) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shambhu Nath Choubey For the Respondent/s : Mr. Prashant Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-07-2015 Heard Sri Shambhu Nath Chaubey, learned counsel for the petitioner and Sri Prashant Sinha, learned counsel, who has appeared on behalf of the respondent no. 3 to 7 / Employees Provident Fund Organization.

The petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution of India, has prayed for quashing of notice issue under Section 7A of the Employees

Patna High Court CWJC No.17841 of 2011 (3) dt.21-07-2015 2/2 Provident Fund Act, 1952 (hereinafter referred to as "the Act"). It is not in dispute that till date no order under Section 7A has been passed.

In view of the fact that presently no order has been passed, the court is of the opinion that there is no cause of action, and as such, the writ petition stands disposed of. It goes without saying that if any final order is passed, the petitioner would be at liberty to avail remedy as prescribed under the Act.

(Rakesh Kumar, J) Praful/- U