Page No.# 1/7 GAHC010206092018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6412/2018 ASSAM STATE TRANSPORT CORPORATION REP. BY ITS MANAGING DIRECTOR, PALTANBAZAR, GUWAHATI, DIST. KAMRUP(M). VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY ITS CHIEF PROVIDENT FUND COMMISSIONER, BHAVISHYA NIDHI BHAWAN, 14, BHIKAJI CAMA PLACE, NEW DELHI- 110066 2:THE REGIONAL PROVIDENT FUND COMMISSIONER-I (NER) EMPLOYEES PROVIDENT FUND ORGANISATION (MINISTRY OF LABOUR AND EMPLOYMENT GOVT. OF INDIA) REGIONAL OFFICE NORTH EAST REGION G.S. ROAD BHANGAGARH GUWAHATI- 781005 ASSAM. 3:THE GOVT. OF ASSAM REPRESENTED BY ITS COMMISSIONER AND SECRETARY DEPTT. OF TRANSPORT DISPUR DIST. KAMRUP(M) GUWAHATI- 781006 ASSAM. 4:THE UNDER SECRETARY TO THE GOVT. OF ASSAM TRANSPORT DEPTT. DISPUR Page No.# 2/7 DIST. KAMRUP(M) GUWAHATI- 781006 ASSAM. 5:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM SA (ACCOUNT) DEPTT. DISPUR DIST. KAMRUP(M) GUWAHATI- 781006 ASSAM. 6:THE BRANCH MANAGER STATE BANK OF INDIA SOUTH GUWAHATI BRANCH G.S. ROAD GUWAHATI DIST. KAMRUP(M) GUWAHATI - PIN. 781007 ASSAM. 7:THE BRANCH MANAGER STATE BANK OF INDIA GARCHUK BRANCH G.S. ROAD GUWAHATI DIST. KAMRUP(M) GUWAHATI- PIN. 781007 ASSAM Advocate for the Petitioner : MR. J ROY, MR. S BORTHAKUR,MS. S KAKATI Advocate for the Respondent : SC, PF, MRS. A CHAKRABORTY,MR. P K ROY,GA, ASSAM,SC, TRANSPORT,MR. K K NANDI (R6, R7),MISS. P KALITA (R6, R7),MR A J GHOSH (R6, R7) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 29.07.2026 Heard Dr. A Chamuah, Learned Standing Counsel, Assam State Transport Corporation (ASTC). Also heard Mr. P K Roy, Learned Senior Page No.# 3/7 Counsel assisted by Ms. A Chakraborty, Learned Counsel appearing for the Respondent Nos. 2; Ms. D D Barman, Learned Addl. Senior Government Advocate, appearing for the Respondent Nos. 3, 4 & 5 and Mr. K K Nandi, Learned Standing Counsel, SBI, appearing for Respondent Nos. 6 & 7. 2. The Petitioner, in the present proceeding, had presented a challenge to a communication dated 06.09.2018, issued by the Regional PF Commissioner-I, requiring the Petitioner to deposit an amount of Rs. 20,54,14,712/- (Rupees Twenty Crore Fifty-Four Lakh Fourteen Thousand Seven Hundred Twelve Only), being the amount in arrears, for the period, w.e.f April 2015 to October 2016. 3. This Court, while issuing notice in the matter, appreciating the submission made by the Learned Counsel for the Petitioner, had stayed the effect of the impugned order dated 06.09.2018, subject to the condition that the Petitioner shall deposit the amount so claimed, within 15.11.2018. 4. It is found by this Court that the Petitioner, had been, thereafter, taking time for depositing the balance amount. However, when the matter was listed on 16.07.2026, this Court had required the Learned Counsel appearing for the Employees' Provident Fund Organization (EPFO), India, to receive instructions, in the matter. Page No.# 4/7 5. On the next date of listing, i.e. 22.07.2026, Mr. P K Roy, Learned Senior Counsel, has placed on record, a written instruction, received by him, in this connection. On a perusal of the said written instructions, it was revealed that against the claimed amount of Rs. 20,54,14,712/- (Rupees Twenty Crore Fifty-Four Lakh Fourteen Thousand Seven Hundred Twelve Only), the Petitioner had only deposited an amount of Rs. 12,84,27,032/- (Rupees Twelve Crore Eighty-Four Lakh Twenty-Seven Thousand Thirty-Two Only). An opportunity was granted to the Learned Counsel for the Petitioner, to receive his clarifications in the matter. 6. Dr. A Chamuah, Learned Standing Counsel, Assam State Transport Corporation (ASTC), has, today, placed on record a communication received from the Financial Executive, Assam State Transport Corporation (ASTC), wherein, it has been projected that the Assam State Transport Corporation (ASTC), authorities, have already deposited an amount of Rs. 19,84,29,410/- (Rupees Nineteen Crore Eighty-Four Lakh Twenty-Nine Thousand Four Hundred Ten Only), against its dues, for the period April 2015 to October 2016. It is further projected that the deposit of the said amount was so determined from the portal of the Employees' Provident Fund Organization (EPFO), India. Page No.# 5/7 7. Mr. P K Roy, Learned Senior Counsel, Employees' Provident Fund Organization (EPFO), India, however, disputed the said position, basing on the telephonic instructions, received by him today. 8. Dr. A Chamuah, Learned Standing Counsel, Assam State Transport Corporation (ASTC), appearing for the Petitioner, in the above backdrop, submits that he would not be contesting the matter on merits. He submits that the Employees' Provident Fund Organization (EPFO), India, be directed to reconcile the payments made by the Petitioner and on such reconciliation, intimate the Petitioner, the dues receivable from it for the period April 2015 to October 2016. He submits that the amount, so payable by the Petitioner, shall be deposited by the Petitioner, within a period of 2 (Two) months, w.e.f the date of receipt of intimation from the Employees' Provident Fund Organization (EPFO), India. 9. In view of the submissions of the Learned Counsel for the Petitioner, the Employees' Provident Fund Organization (EPFO), India, shall, reconcile the payments received from the Assam State Transport Corporation (ASTC), authorities, for the period in question, i.e. w.e.f April 2015 to October 2016, and while making such reconciliation, shall also take note of the instructions, placed before this Court today, by Dr. A Chamuah, Learned Standing Counsel, Assam State Transport Page No.# 6/7 Corporation (ASTC). Dr. A Chamuah, shall furnish a copy of the same to Mr. P K Roy, Learned Senior Counsel, Employees' Provident Fund Organization (EPFO), India, for further forwarding to the Employees' Provident Fund Organization (EPFO), India. 10. Upon such reconciliation being made, also after considering the instructions furnished by Dr. A Chamuah, Learned Standing Counsel, Assam State Transport Corporation (ASTC), the amounts receivable be communicated to the Assam State Transport Corporation (ASTC), authorities and the Assam State Transport Corporation (ASTC), be given an outer limit of 2 (two) months to make the payment. In the event, the amount is not paid within the further period of 2 (two) months, after the amount receivable is so communicated to them, the Employees' Provident Fund Organization (EPFO), India authorities, shall be at liberty to recover its dues, in accordance with law, from the Assam State Transport Corporation (ASTC), authorities. 11. With the above observations and directions, the present Writ Petition stands disposed of. JUDGE Page No.# 7/7 Comparing Assistant