Sri Santi Ranjan Ghosh v. The Regional Provident Fund Commissioner And ORS

07. 08. 2024 BP/Mithun ML. 81-82 Court No. 10

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 16074 of 2024 Sri Santi Ranjan Ghosh Vs.

The Regional Provident Fund Commissioner & Ors.

With WPA 16083 of 2024 Sankar Dhar Vs.

The Regional Provident Fund Commissioner & Ors.

Mr. Purnasish Gupta ..for the petitioner Mr. Ranjay De Mr. B. Banerjee Mr. A.A. Bose ..for the respondent no.4 Mr. Anil Kumar Gupta ..for the P.F. Authority The grievance of the petitioner is directed against alleged non-payment of provident fund dues.

On behalf of the Provident Fund Authorities, it is submitted that the alleged claim furnished by the petitioner are vague, incomplete and bereft of any particular and incapable of being examined.

On behalf of the private respondent no.4, it is submitted that they are an exempted establishment. In any event, there is no privity of contract between the petitioner and the private respondent no.4. In such

circumstances, the writ petition is misconceived and not maintainable against the respondent no.4. In view of the submissions made on behalf of the parties, WPA 16074 of 2024 and WPA 16083 of 2024 stands disposed of by granting liberty to the petitioner to make an application, furnishing all necessary particulars before the Provident Fund Authorities. If such application is made, the Provident Fund Authorities are directed to dispose of the same within eight weeks from the date of receipt of such application and after giving a right of hearing to the petitioner and the private respondent.

The Provident Fund Authorities are directed to act in accordance with law without being influenced by any observations or findings in this order insofar as the merits of the case are concerned.

(Ravi Krishan Kapur, J. )