Basu Tea Private Limited And ANR v. Union Of India And ORS.

27.01.2026 Ct. No. 30 SL No.9 MKP WPA 50 of 2026 Basu Tea Private Limited And Anr.

Vs.

The Union of India And Ors.

Mr. Shantanu Kr.Mitra Mr. Subhadip Biswas ..................for the Petitioner Mr. Aniruddha Bagchi Mr. Arijit Bakshi ............for the UOI Mr. Anil Kumar Gupta ........for the Respondent nos.

2 to 6/P.F.Authorities Mr. Rahul Ganguly ............for the Respondent no.7

1. The writ application has been preferred praying for setting aside of the impugned notice being REC/RO/JL/JLP/854/2025/443 dated 23.09.2025, issued by the Recovery Officer, Regional Office, Jalpaiguri.

2. On hearing the Learned Counsels for the parties and on perusal of the materials on record, it appears that the Recovery Officer, has issued a notice to show cause why a warrant of arrest should not be issued for non-

compliance of an order passed under Section 7A of the EPF, Act.

3. Admittedly, no appeal has been preferred against the order passed under Section 7A of the EPF, Act.

4. Learned Counsel for the EPF Authority submits that the petitioner is legally bound to pay the said amount, as noted in the notice in view of the fact that admittedly, no appeal has been preferred against the said order under Section 7A of the EPF, Act.

5. It appears that the petitioner has approached this Court only on the ground that the petitioner has filed his show cause before the Recovery Officer on 14.10.2025, showing cause in respect of the notice of show cause dated 25.09.2025.

6. It is further submitted by the petitioner that the petitioner apprehends that as the Authority concerned has till date not called the petitioner for hearing, the Recovery Officer may take steps for issuance warrant of arrest without giving the petitioner a hearing for which the petitioner shall be prejudiced.

7. Considering the said facts, the writ application is disposed of with the direction that the Recovery Officer, Regional Office, Jalpaiguri, shall consider the reply dated

14.10.2025, given by the petitioner to the said show cause notice dated 23.09.2025 and on hearing the parties, shall proceed in accordance with law.

8. The said hearing be conducted with proper notice to the petitioner/parties, within 30 days from the date of the communication of this order.

9. The Writ application being no.WPA 50 of 2026 stands disposed of.

10. Applications, if any, connected thereto stands disposed of consequently.

11. Interim order, if any, stands vacated.

12. Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]