Kelvin Jute Limited And ANR. v. The Regional Provident Fund Commissioner, Regional Office- Barrackpore And ORS.

17.02.2026 Item No.29 Ct. No. 30 Aloke WPA 1496 of 2025 Kelvin Jute Limited & Anr.

Vs The Regional Provident Fund Commissioner, Barrackpore & Ors.

Mr. Soumya Majumder, ld. Sr. Adv.

Mr. Deepak Kr. Jain Mr. Kumar Gupta ... for the petitioners Ms. Aparna Banerjee ... for the respondent nos. 1 and 2 Mr. Srijib Chakraborty Mr. Sukanta Ghosh ... for the UOI

1. The writ application has been preferred challenging an e-mail dated January 10, 2025 and the purported order dated January 3, 2025 attached therewith as modified by the order dated January 13, 2025.

2. In course of hearing the learned senior counsel appearing for petitioners places document at page 30 to the affidavit-inopposition filed by the respondent nos. 1 and 2.

3. It appears from said notice dated 14.02.2020 that the total dues amounted to Rs.66,16,341.70/-.

Placing impugned notice dated 10th January, 2025 which is annexed to the writ application, the petitioners state that the dues in serial no. 11 therein which amounts to Rs.6616341.70/- has

already been paid to the petitioners and they have supporting documents to substantiate that they have made the said payments.

4. In respect of serial no. 12 the argument of the petitioners is that the said issue is pending before this Court in WPA 5548 of 2009 which has now been restored and is pending hearing before this Court.

5. Considering the said submissions and the materials on record, the writ application is disposed of with liberty granted to petitioners herein to make an application stating the facts as placed before this Court, before Regional Provident Fund Commissioner-I, Regional office at Barrackpore, within 30 days from the date of this order. The said authority concerned shall issue a notice accordingly, to the parties and the matter shall be heard in accordance with law.

6. The petitioners shall produce all supporting documents in support of their contention that payment has been made, before the authority concerned and the authority concerned shall be at liberty to dispose of the case in accordance with law.

7. It is further directed that the impugned notice dated January 10, 2025 and the

purported order dated January 3, 2025, be stayed till disposal of the application.

8. It is clarified that the said issue, to be considered by the authority, shall be restricted to serial no. 1 to 11 in the notice dated 10th January, 2025, as the issue in respect of serial no. 12 is subject matter of a different writ application, before this Court.

9. It is further clarified that in case department relies on any documents relating to the said claim, an advance copy of the same shall be served upon the petitioner with liberty to file a reply/response within a reasonable time.

10.

On prayer of the petitioner for some protection (if deemed necessary) after the disposal of the matter by the authority concerned, it is directed that in case the petitioner prays for an order of stay, the same shall be permitted for a period of four weeks from the date of communication of the order by the authority concerned.

11.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon usual undertakings.

(Shampa Dutt (Paul), J.)